Update - X Condo Class Action Settlement Approved

Reasons for Decision with respect to settlement approval can be viewed here.

On November 30 2023 the Ontario Superior Court of Justice certified this class action for settlement purposes. Class members include all persons who did not sign a release and who owned, rent, or rented, was ordinarily resident in a Unit and their family members and their guests, excluding the defendants and their senior officers and directors,  on or after November 8, 2010 until September 5, 2023.

You can read the Reasons for Decision here.
You can read the Order and settlement agreement here.

NEXT STEPS

If you are included as a class member but  do not want to participate in this class action then you must opt out by sending a written election to opt out to RicePoint Administration Inc. by no later that January 19, 2024.

If you intend to be  included as a class member but object to the settlement then you must send your written objection to RicePoint Administration Inc. by no later than January 19, 2024.

The contact information for RicePoint Administration is xcondosettlement@ricepoint.com. 

If you do not opt out by the deadline then you become a member of the Class and if eligible can make a claim on the settlement fund if the settlement is court approved.

The settlement approval hearing is scheduled to proceed on February 8, 2024 at 10 AM in Toronto by ZOOM. If you wish to observe the hearing or convey an objection to the court  you may do so. The Zoom details are as follows:

Join Zoom Meeting
https://ca01web.zoom.us/j/63605194973?pwd=S0J0QnNnem9wUDA5OG9LVk5mMDNUUT09

Meeting ID: 636 0519 4973
Passcode: 178039

X Condos Class Action 

Charney Lawyers and Sutts, Strosberg LLP have commenced a class action lawsuit on behalf of all owners and renters of residential condominium units at X Condos I, located at 110 Charles Street East in Toronto. The lawsuit seeks damages for loss of use and enjoyment, injuries, replacement costs, and loss of rental income due to the failure of the developers to install pressure-balanced valves in the bathroom fixtures of each unit.  

The defendants are Great Gulf Homes Limited (“Great Gulf Homes”), Great Gulf (Jarvis-Charles) Ltd. (“Great Gulf (JC)”) and Jarvis-Charles G.P. Inc. (“Jarvis-Charles”). The class action is for breach of contract and negligence. 

The allegations in the Statement of Claim include that in or around 2006, the developers, Great Gulf Homes, Great Gulf (JC) and Jarvis-Charles, began to promote and market the sale of units to the general public. The developers represented that the features of each condominium unit would include pressure-balanced valves installed in the shower and bathtub fixtures. In addition, the Agreement of Purchase and Sale provides in Schedule “A” that one of the features of each unit will be pressure-balanced valves in each bathtub and shower. 

Since 2010, residents of X Condos have experienced and continue to experience unpredictable fluctuations in water temperature. On December 10, 2013, TARION Warranty Corporation released a Warranty Assessment Report which revealed that the problem relating to the water temperature fluctuations is the non-pressure balancing valves in the shower and bathtub fixtures which control the water temperature. As a result, the plaintiff and Class Members have suffered damages including injuries arising from temperature fluctuations, loss of use and enjoyment of their units until the valves are replaced and lost rental income.