Class action lawsuits filed in response to falling glass incidents in Toronto

Glass Magazine
March 9, 2012
COMMERCIAL : PROJECTS

Two class action lawsuits have been filed in the Ontario Superior Court of Justice on behalf of owners and renters of Toronto condominiums where several incidents of glass balcony lites falling to the ground occurred last summer.

Owners and renters of the Murano Towers and Festival Tower have retained Falconer Charney LLP and Sutts, Strosberg LLP to prosecute the class actions. Defendants named in the suits include the buildings' developers, general contractors, architects, and the manufacturers and installers of the balcony railings (for a complete list, click here).

The plaintiffs in both actions allege that the defendants are responsible to them and the members of the class for the lost use of their balconies.  The plaintiffs in both buildings have been unable to open their balcony doors and use their balconies for several months. Last August, developer Lanterra Developments announced that it would immediately remove the glass panels and railing systems in the affected buildings, and replace the tempered glass on the balconies with laminated glass.

“Our goal is to compensate the class members for the loss of use of their outdoor living space and to motivate the builders to correct the problem as soon as possible,” said Ted Charney, a partner of Falconer Charney LLP, in a March 7 release.

“Outdoor living space in downtown Toronto sells for a premium and is an integral part of condo life. The developers promoted the sale of these units by emphasizing the sizeable balconies and terraces, but the class members have been unable to use their outdoor living space for over a year with no end in sight," added Sharon Strosberg, a partner of Sutts, Strosberg LLP, which is currently co‐counsel with Falconer Charney LLP in three certified class actions with respect to explosions in apartment buildings or condominiums.

More information on the lawsuits is available at www.fallingglassclassaction.com