Part 12 published on 01/11/05
Class action by condominium purchasers
The applicant sought certification of a class consisting of the purchasers of residential condominium units in the project which was developed, marketed and sold by the defendants. The Statement of Claim alleged that the Defendants had misrepresented the anticipated condominium fees. They asserted that information provided in the proposed condominium Declaration, the budget, and a sales flyer, was “inaccurate, false, deceptive, misleading” and deficient in material respects.
The defendants asserted that any liability could only relate to a deficit occurring in the first year of the condominium’s operations, pursuant to s. 75 of the Condominium Act. The Court evidently did not agree.
The court found that there were common issues among the members of the proposed class, and accordingly expressed a willingness to certify the class proceeding, subject to certain procedural issues (issues respecting calculation of damages) which the Court asked to be resolved before finally deciding the matter.