TORONTO – Shattering balcony glass has prompted downtown condo owners to launch class-action suits against the developers, contractors and others, the plaintiffs’ lawyers said Thursday.
The proposed actions in Ontario Superior Court allege negligence in the construction of two separate condo developments in which glass shattered and crashed to the streets below.
The falling-glass issue prompted sealing of the balconies months ago.
“(The plaintiffs) have not been able to access their balconies, thereby suffering from the loss of enjoyment of their units and the common areas,” according to the statement of claim.
In addition, the loss of use of the balconies has meant lower rental income and unit values, the plaintiffs claim.
Each of the suits seek $20 million in general and other damages.
The action on behalf of owners and renters of the units in the Murano Towers names Bay Grenville Properties and Lanterra Developments among others.
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The proposed suit against Festival Tower located in the city’s entertainment district names King and John Festival Corp. and the Daniels Corp.
The class actions have yet to be certified and none of the allegations has been tested in any court.
The defendants could not be reached immediately for comment.
Murano plaintiffs say the first balcony glass shattered on the north tower in April 2010, and by last September, there had been at least 14 similar incidents.
In one case last summer, tempered glass rained down from a 29th floor Murano balcony onto Bay Street, causing minor injuries to a pedestrian.
In August, the sliding glass doors to the balconies were sealed and notices posted prohibiting opening the doors or using the balconies, the statement of claim says.
The Festival Tower arguments are similar to those made in the Murano suit, with the plaintiffs saying they have suffered damages because their balconies were sealed after glass shattered and fell.
“One or more of the defendants clad the entire facade of Festival Tower in black mesh,” the suit says.
Lawyer Ted Charney said the aim of the suits was 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.”
Among others named as defendants are architectsAlliance and Toro Aluminum Railings, which installs glass panels.
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