[newbuyer]

So the question that will need to be decided is what is the definition of Direct Access ?

di·rect
diˈrekt,dī-/
adjective
adjective: direct

1.
extending or moving from one place to another by the shortest way without changing direction or stopping.
"there was no direct flight that day"
synonyms: straight, undeviating, unswerving; More
shortest, quickest
"the most direct route"
nonstop, unbroken, uninterrupted, through
"a direct flight"
AstronomyAstrology
(of apparent planetary motion) proceeding from west to east in accord with actual motion.
2.
without intervening factors or intermediaries.
"the complications are a direct result of bacteria spreading"
synonyms: face to face, personal, immediate, firsthand More
"direct contact with the president"
(of light or heat) proceeding from a source without being reflected or blocked.
"ferns like a bright position out of direct sunlight"
(of genealogy) proceeding in continuous succession from parent to child.
(of a quotation) taken from someone's words without being changed.
synonyms: verbatim, word for word, to the letter, faithful, exact, precise, accurate, correct More
"a direct quotation"
(of taxation) levied on income or profits rather than on goods or services.
complete (used for emphasis).
"nonviolence is the direct opposite of compulsion"
synonyms: exact, absolute, complete, diametrical More
"the direct opposite"
3.
(of a person or their behavior) going straight to the point; frank.
synonyms: frank, candid, straightforward, honest, open, blunt, plain-spoken, outspoken, forthright, downright, no-nonsense, matter-of-fact, not afraid to call a spade a spade; More
informalupfront
"he is very direct"
(of evidence or proof) bearing immediately and unambiguously upon the facts at issue.
"there is no direct evidence that officials accepted bribes"
4.
perpendicular to a surface; not oblique.
"a direct butt joint between surfaces of steel"

adverb
adverb: direct

1.
with no one or nothing in between.

 

[enigma0t2]

I am in agreement with all of your assessment. The Builder has built in a lot of disclaimers within the contract agreement we all signed. enigma0t2's conclusion sums it well and it will be the most likely outcome. This class action has got nothing to do with any other phases, and it is only with phase 1 buyers. ELAD had probably figured this out by the time when it sells phase 2 that 'Direct Access' is not something they can provide. In my Phase 1 Condominium Documents dated October 10, 2008. which says 'It is anticipated that pedestrian access to and from the Don Mills subway station shall be facilitated by the use of a covered pedestrian walkway' The original draft plan blueprint has a 'proposed new entry' to the subway station. Was ELAD misrepresented the information to the purchasers of Phase I, I don't think anyone doubt that. The question really boils down to whether it's worth the fight? I am worry if I join the class action now to support Wendy, will it affect me when I try to sell this 2 to 3 years down the road while it is still pending on a court date?

BTW., take a look at the attached 'Price List' at the time when I purchased it in Oct. 2009. Look closely to what was highlighted by the Builder's own price list. 'Direct access from the lower lobby to the subway and underground connection to Fairview MallView attachment 25446

The price list is no more of a legal contract than any other marketing/advertising material, I think. I think what we need is a better understanding of what laws govern what is allowable in an advertisement. How much discretion is any builder allowed to stray away with from what they advertise?

 

[enigma0t2]

I am with her and I am among 60 residents that already on board of this class action.

You guys certainly have my support as well, though I'm not part of Phase 1, for whatever that's worth. I'm in Phase 3. But I'm definitely interested in knowing what happens with this. So, please do keep us up-to-date on what happens!

 

[TheKingEast]

I agree, I suspect part of the issue will come down to the interpretation of the wording. Here is a direct quote from the phase 3 promotional book " Dream Tower will be the defining feature of this prime North York neighbourhood, with easy underground access to the subway, across from Fairview mall, and two major highways offering speedy connections in every direction " the question is what is the definition of easy underground access ? when I read it I interpret it to mean that I can access it entirely underground, however they will argue that easy means the majority of the trip from tower 3 to subway is underground, so that makes it easy.

That's the thing. We all have different interpretations of "easy". Developers are very smart and they have all kinds of slick ways to protect themselves. I hope the owners win. Developers need to start being held accountable for stuff like this for once.

 

[kalvinone]

I would support the lawsuit. I understand technicalities with changes due to unforeseen circumstances, but something like the subway should have been in planning with the TTC along time prior and ELAD should have gotten agreement and know what the outcome would have been.
We can't all be lawyers nor can we all be questioning the marketing material in every detail.... so I pulled my documents from 2009... and it does say "direct access" in Schedule "B"... and in the drawings, it is at least covered access to the station - abet you still need to walk downstairs - but at least it's covered.

 

[ayau]

I am on the 22nd floor of tower three and have a final occupancy date of August 28

I'm on the 21st floor of tower 2 and my final occupancy date is Sept 8.. wonder why its later with an earlier phase.

I am in agreement with all of your assessment. The Builder has built in a lot of disclaimers within the contract agreement we all signed. enigma0t2's conclusion sums it well and it will be the most likely outcome. This class action has got nothing to do with any other phases, and it is only with phase 1 buyers. ELAD had probably figured this out by the time when it sells phase 2 that 'Direct Access' is not something they can provide. In my Phase 1 Condominium Documents dated October 10, 2008. which says 'It is anticipated that pedestrian access to and from the Don Mills subway station shall be facilitated by the use of a covered pedestrian walkway' The original draft plan blueprint has a 'proposed new entry' to the subway station. Was ELAD misrepresented the information to the purchasers of Phase I, I don't think anyone doubt that. The question really boils down to whether it's worth the fight? I am worry if I join the class action now to support Wendy, will it affect me when I try to sell this 2 to 3 years down the road while it is still pending on a court date?

BTW., take a look at the attached 'Price List' at the time when I purchased it in Oct. 2009. Look closely to what was highlighted by the Builder's own price list. 'Direct access from the lower lobby to the subway and underground connection to Fairview MallView attachment 25446

Has anyone noticed they have "anticipated" in that statement? It's not something they must or certainly do..

 

[Canchris7]

I'm on the 21st floor of tower 2 and my final occupancy date is Sept 8.. wonder why its later with an earlier phase

Can't say for sure,but both buildings topped off at the same time, both cranes came down on the same day, and it appears as though they were rising at the same pace. If I were to speculate (which I am) I would say that the difference is because phase 2 is a bit higher and thus more to complete before people actually start moving in.

 

[alvin545]

Has anyone noticed they have "anticipated" in that statement? It's not something they must or certainly do..

This word is the key.

 

[kalvinone]

This word is the key.

Of course, Schedule B doesn't have it - only "Direct Access" and neither does the marketing material. Is there no obligation of the builder to notify you of a change in material/specifications? to which degree you can back out/terminate the agreement? I thought there was something to that affect.

 

[database]

Of course, Schedule B doesn't have it - only "Direct Access" and neither does the marketing material. Is there no obligation of the builder to notify you of a change in material/specifications? to which degree you can back out/terminate the agreement? I thought there was something to that affect.

I think that's it, there is an inconsistency with Schedule B, purchase agreement, marketing materials and the drafted Blueprint for the Condo. Phase I purchasers were definitely misled without a doubt; at no time did ELAD communicated the change to us the Phase I purchasers; or did they offer compensation or offer to give us our money back with interest. Given the massive supply of condos and the bad press that goes along, it couldn't offer refunds to all the purchasers. Most of the Phase I purchasers were under the impression the building would have 'Direct Access' to the subway station (including myself) because it was one of their BIG selling point and marketing push. They emphasized it as soon as you talk to a salesperson at the Sales center. We were misled, although ELAD might get away from the purchase agreement, I don't think they can get away from being falsely advertised in the building features. I suspect one can report this to the Ministry of Consumer Affairs for false advertisement. (I'll do some digging on this)

BTW, can anyone tell me what advantages or disadvantages of joining the Class Action? Since the Class Action's wordings say it represents all the suite owners, why would we need to join specifically by filling a form? Do we get less money because we didn't join AND if we win? How does this work?

 

[newbuyer]

I would support the lawsuit. I understand technicalities with changes due to unforeseen circumstances, but something like the subway should have been in planning with the TTC along time prior and ELAD should have gotten agreement and know what the outcome would have been.
We can't all be lawyers nor can we all be questioning the marketing material in every detail.... so I pulled my documents from 2009... and it does say "direct access" in Schedule "B"... and in the drawings, it is at least covered access to the station - abet you still need to walk downstairs - but at least it's covered.

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.

 

[newbuyer]

I think that's it, there is an inconsistency with Schedule B, purchase agreement, marketing materials and the drafted Blueprint for the Condo. Phase I purchasers were definitely misled without a doubt; at no time did ELAD communicated the change to us the Phase I purchasers; or did they offer compensation or offer to give us our money back with interest. Given the massive supply of condos and the bad press that goes along, it couldn't offer refunds to all the purchasers. Most of the Phase I purchasers were under the impression the building would have 'Direct Access' to the subway station (including myself) because it was one of their BIG selling point and marketing push. They emphasized it as soon as you talk to a salesperson at the Sales center. We were misled, although ELAD might get away from the purchase agreement, I don't think they can get away from being falsely advertised in the building features. I suspect one can report this to the Ministry of Consumer Affairs for false advertisement. (I'll do some digging on this)

BTW, can anyone tell me what advantages or disadvantages of joining the Class Action? Since the Class Action's wordings say it represents all the suite owners, why would we need to join specifically by filling a form? Do we get less money because we didn't join AND if we win? How does this work?

I want to know as well. I don't know why we have to join and not automatically included. One thing for sure though, make sure you get your lawyer or do it your self to send abatement letter and to let the builder know that you are closing "under protest". There is also a sample of Abatement letter provided by the class action lawyer if your lawyer can't provide one, or you don't want to pay your lawyer to do it for you. I also want to know if we still can sell our unit if we are in the class action.

If you want to get automatic update, you can register on the website:
http://www.charneylawyers.com/emeraldcity.php

 

[probey]

I want to know as well. I don't know why we have to join and not automatically included. One thing for sure though, make sure you get your lawyer or do it your self to send abatement letter and to let the builder know that you are closing "under protest". There is also a sample of Abatement letter provided by the class action lawyer if your lawyer can't provide one, or you don't want to pay your lawyer to do it for you. I also want to know if we still can sell our unit if we are in the class action.

If you want to get automatic update, you can register on the website:
http://www.charneylawyers.com/emeraldcity.php

Does registering on this website mean that I give my concent to join the class action?

Speaking of the "direct access" feature, it was written on the brochure, printed on schedule B, and the staff at the sales center also confirmed with me. How can they deny all of these?

Guess the regulations are too loose on things like this, builders can always get away from it.

 

[newbuyer]

Does registering on this website mean that I give my concent to join the class action?

Speaking of the "direct access" feature, it was written on the brochure, printed on schedule B, and the staff at the sales center also confirmed with me. How can they deny all of these?

Guess the regulations are too loose on things like this, builders can always get away from it.

The website says that you can join the class action by filling out the form and answer the questions.

Time will tell if this builder can get away with it.

 

[TheKingEast]

I'm afraid the builder's going to win this one. Why? Because purchasers are misled all the time and nothing happens. Those purchase agreements are air tight. If the builder does lose, it will set a major precedent