As a result of several incidents of falling glass,Charney Lawyers and Sutts, Strosberg LLP have commenced a class action lawsuit on behalf of all owners, landlords, and tenants of units in the Murano Towers condominium located at 38 Grenville Street and 37 Grosvenor Street in Toronto, Ontario.
This action has been certified by the court to proceed as a class action.
Since late 2010, panes of balcony glass have shattered and fallen to the street below. A recent occurrence on one of Toronto's hottest days on record (21 July 2011) resulted in the closure of Grosvenor Street and St. Vincent Lane. The North tower lobby entrance was condemned by the City of Toronto pending the resolution of this problem. More glass fell on August 1 at 3:00AM and at midday. Police closed the northbound lane of Bay Street between Grosvenor and Grenville Streets, expecting the closure to be for a week.
For the first time, glass fell from the South Tower on August 15 at 11:30AM, injuring a woman by slicing her wrist. “We don’t know why it’s happening, and continues to happen,” said Jim Laughlin, the city’s deputy chief building inspector.
Class members are entitled to compensation for inconvenience, upset, and loss of use of their property. Interference with your use and enjoyment of your balcony or terrace, constitutes a recognized legal claim in nuisance and negligence. In previous Canadian cases, judges have awarded damages in the range of $5,000.00-$10,000.00 depending on the number of months of interference and the size and type of space involved.
Landlords who have lost rent can recover damages for lost rent.
Owners who have sold their units at a discount or experienced delay in selling a unit, because of the lack of access to the balcony can recover damages.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Charney Lawyers. The court will ultimately decide who will be included as a class member.
This website will be updated from time to time to provide potential class members with information as it becomes available.