This is where we must take a stand and change it and set that precedence. Isn't this ELAD's new/first project in Toronto/Canada? if so, perhaps those agreements aren't so air tight..
 
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newbuyer said:
And the lawyer representing the builder said on the news that they never stated that there will be direct access.But then again, of course denial is the best defense. They should have told us from the beginning if they cannot do it, and give us abatement or opportunity to back out without any penalty plus interest on the deposit. This is a fail from their side.
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Here is the quote from the builders Lawyer from the papers "The lawyer for condo developer Elad disputes the claim saying, “there was never any representation that there would be underground access†so he is disputing "underground access" and not necessarily "direct access" . Based on the definition of "direct" that you were kind enough to provide a few posts back, they will probably argue that they have provided direct access. Anyways, its good to debate and to be armchair Lawyers :) but it will be interesting to see how this plays out since the "direct access" was marketed to phase 2 and 3 purchasers as well.
 
I think somehow we are all trying to be lawyers here, trying to find holes and point of arguments to convince and or to lower our own expectation of the outcome. It's healthy and all, but it is just kind of funny when you take a step back to look at it.

According to the website @ Charney Lawyers, they work on a contingency based. It means they get pay only when the lawsuit is won or else they won't. Unless the lawsuit has merit or else they would not have taken the case on, as it might means they'll do all the work and get nothing!

I think the term 'Direct Access' means different things to people with different interpretation, however according to the draft blueprint, it meant to be a covered and enclosed walkway from the building to a brand new subway station entrance. I don't think anyone can complain if this is what we are provided as laid down in the plan. Please look at kalvinone's attached image in earlier posting. Whether it is "underground access" or not has no bearing but "direct access" means going directly from Emerald City Phase I to the subway without going through the public streets to get there. If what we have now is considered as "direct access" then every house in the neighborhood can claim that.
 
database said:
I think somehow we are all trying to be lawyers here, trying to find holes and point of arguments to convince and or to lower our own expectation of the outcome. It's healthy and all, but it is just kind of funny when you take a step back to look at it.

According to the website @ Charney Lawyers, they work on a contingency based. It means they get pay only when the lawsuit is won or else they won't. Unless the lawsuit has merit or else they would not have taken the case on, as it might means they'll do all the work and get nothing!

I think the term 'Direct Access' means different things to people with different interpretation, however according to the draft blueprint, it meant to be a covered and enclosed walkway from the building to a brand new subway station entrance. I don't think anyone can complain if this is what we are provided as laid down in the plan. Please look at kalvinone's attached image in earlier posting. Whether it is "underground access" or not has no bearing but "direct access" means going directly from Emerald City Phase I to the subway without going through the public streets to get there. If what we have now is considered as "direct access" then every house in the neighborhood can claim that.
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Can they say: "If you read Section A-34, it says everything is subject to change" and then use that as a loophole? That's how builders cover themselves. The good news is I don't think a lawyer would take this on if the claim didn't have any merit.
 
TheKingEast said:
Can they say: "If you read Section A-34, it says everything is subject to change" and then use that as a loophole? That's how builders cover themselves. The good news is I don't think a lawyer would take this on if the claim didn't have any merit.
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That's just lawlessness if 'everything is subject to change' can be valid, then no one is protected! Does that mean the Builder can build us 100 sq. ft unit and get away with it? One must still act with reasonableness and the court would decide on what is reasonable. I think the claim has merit because the Builder has failed to deliver but the bottom line is all about money. The bad press is detrimental to ELAD in trying to sell future buildings and the purchasers in trying to sell their units. I still hope for a quick settlement.
 
database said:
That's just lawlessness if 'everything is subject to change' can be valid, then no one is protected! Does that mean the Builder can build us 100 sq. ft unit and get away with it? One must still act with reasonableness and the court would decide on what is reasonable. I think the claim has merit because the Builder has failed to deliver but the bottom line is all about money. The bad press is detrimental to ELAD in trying to sell future buildings and the purchasers in trying to sell their units. I still hope for a quick settlement.
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I agree. But this isn't the first time a builder has promised one thing and didn't deliver. That's why I believe if the owners win this, it will be huge and set a major precedent. There will be no quick settlement IMO. This will drag on. There's still a lot of people who don't know about these kinds of hings so I don't think the bad press will be that detrimental to ELAD. Toronto's hot market shows that people will buy anything. There are many condos that are in the midst of class action suits that are still selling units. Not trying to be a downer, just tempering expectations a bit.
 
TheKingEast said:
I agree. But this isn't the first time a builder has promised one thing and didn't deliver. That's why I believe if the owners win this, it will be huge and set a major precedent. There will be no quick settlement IMO. This will drag on. There's still a lot of people who don't know about these kinds of hings so I don't think the bad press will be that detrimental to ELAD. Toronto's hot market shows that people will buy anything. There are many condos that are in the midst of class action suits that are still selling units. Not trying to be a downer, just tempering expectations a bit.
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I wish these forums come with a 'Like' button. I agree completely. **Like**
 
database said:
I think somehow we are all trying to be lawyers here, trying to find holes and point of arguments to convince and or to lower our own expectation of the outcome. It's healthy and all, but it is just kind of funny when you take a step back to look at it.
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It would be nice, if we could get someone with some legal background to comment and give their opinions. Not necessarily the lawyers involved with the lawsuit itself, but just someone who can actually comment on this with some level of expertise or authority.
 
Beej said:
rogers offered me the best packages
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Be very careful of Rogers.. They won't tell you this, but you have to cancel one month BEFORE you want to cancel. The rep in my building (I'm hopefully moving into Emerald City soon) told me that there were absolutely NO fees as long as I cancelled within the 6 months. Then when I cancelled and returned the box on the last day, they told me they needed a month's warning so tried charging me a full month of service, claiming that it was in their terms of service which I apparently agreed to (even though I didn't sign anything). Basically, they can't hold me to anything, but the collection calls are a pain in the butt (though they can't actually affect my credit, so I just continue to ignore them and tell them they can deal with Rogers to sort out the issue).
 
For folks in Condo 1, do you know roughly ballpark figure how much all the extra fees will added by closing May 6th? I'm talking about everything including utilities, lawyers, interests, tarion, etc...

Are we talking over 10K?
 
animatrix said:
For folks in Condo 1, do you know roughly ballpark figure how much all the extra fees will added by closing May 6th? I'm talking about everything including utilities, lawyers, interests, tarion, etc...

Are we talking over 10K?
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Yep... ours turned out to be around 10k....
 
Canchris7 said:
Here is the quote from the builders Lawyer from the papers "The lawyer for condo developer Elad disputes the claim saying, “there was never any representation that there would be underground access” so he is disputing "underground access" and not necessarily "direct access" . Based on the definition of "direct" that you were kind enough to provide a few posts back, they will probably argue that they have provided direct access. Anyways, its good to debate and to be armchair Lawyers :) but it will be interesting to see how this plays out since the "direct access" was marketed to phase 2 and 3 purchasers as well.
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Thanks, Natalie.....oops sorry I mean Canchris7 :)
 
Canchris7 said:
Newbuyer your paranoia is starting to show....
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Newbuyer since you were kind enough to provide the dictionary definition of "direct access" for me a few posts back please allow me to return the favour with the word paranoia:

"Paranoia /ˌpærəˈnɔɪə/ (adjective: paranoid /ˈpærənɔɪd/) is a thought process believed to be heavily influenced by anxiety or fear, often to the point of irrationality and delusion. Paranoid thinking typically includes persecutory beliefs, or beliefs of conspiracy concerning a perceived threat towards oneself (e.g. "Everyone is out to get me"). Paranoia is distinct from phobias, which also involve irrational fear, but usually no blame. Making false accusations and the general distrust of others also frequently accompany paranoia. For example, an incident most people would view as an accident or coincidence, a paranoid person might believe was intentional.
 
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