OVERVIEW OF THE LAWSUIT
Spet 17, 2015
On June 6, 2011, Condominium Corporation No. 1122235 (also known as River Park Glen), On-Site Solutions Inc. and Douglas Age, as Representative Plaintiff, commenced an action in the Court of Queen’s Bench of Alberta, in the Judicial Centre of Fort McMurray against Sandy Surbey, Douglas Urness, Anna Simmonds, SASS Holdings Ltd., Simsur Holdings Ltd., Condominium First Management Services Ltd., Lorraine Murray, Lorraine Murray operating as Murray Management Ltd., Byron Wall and Alex Amor (the “Action”). The Action pertains to alleged issues relating to the operation, management and habitation of River Park Glen since October 8, 2008.
The Action was, in part, brought as a proposed class action pursuant to the Alberta class proceedings legislation – the Class Proceedings Act, S.A. 2003, c. C-16.5.
On December 6, 2013, Douglas Age’s application for certification of a portion of the Action as a class action was denied.
Douglas Age no longer wishes to pursue the Action and on September 1, 2015, The Honourable Mr. Justice J.D. Rooke, Associate Chief Justice of the Court of Queen’s Bench of Alberta, granted an order, with the consent of the Defendants to the Action, approving the discontinuance of the Action, effective 60 days from the date this Notice has been provided to you.
If you currently own, or have owned, a unit in River Park Glen at any time since October 8, 2008, the discontinuance of the Action may impact your ability to pursue a claim against any of the Defendants with respect to the matters alleged in the Action. Your claim may be subject to a limitation period. Accordingly, you should contact a lawyer immediately if you wish to pursue a claim.
This Notice was approved by order of The Honourable Mr. Justice J.D. Rooke, Associate Chief Justice of the Court of Queen’s Bench of Alberta.
Apr 14, 2015
Starting in 2011 repairs were undertaken at Prestwick Pointe Condominiums located at 10 Prestwick Bay S.E., Calgary (the “Project”) as a result of various problems discovered in the parkade and drainage system. The costs of these repairs have been paid for from contributions from unit owners as a result of special assessments in January and May 2010. An action has been commenced against the developer of the project, Pointe of View Condominiums (Prestwick) Inc. and the insurers for each of the units within the Project (Royal & Sunalliance Insurance Company of Canada and National Homes Warranty Programs Ltd.) to recover the cost of the repairs. Third party proceedings have been commenced by the Defendants against various trades and professionals involved in the original design and construction of the Project.
(a) anyone who purchased a condominium unit in Condominium Plan No. 0610078 (“0610078”) from Pointe of View Condominiums (Prestwick) Inc. (“Pointe of View”) and has paid levies as a result of the special assessments dated January 28, 2010 and May 17, 2010, by the Corporation to cover the cost of the repairs to the parkade and drainage system (the “Special Assessments”); and
(b) anyone who purchased a condominium unit in 0610078 from other than Pointe of View and who have paid levies as a result of the Special Assessments.
On November 26, 2012, the action was certified as a class proceeding by order of the Alberta Court of Queen’s Bench. The order appointed Condominium Corporation No. 0610078 (the “Corporation”) and Syd Dombowsky as the representatives for the Class.
The court will resolve the issues common to everyone affected except for those who remove themselves (opt out) from the class.
The issues to be decided by the Court as part of the class proceeding are:
(a) The cause of the leakage and other defects and deficiencies discovered in the Project’s parkade and drainage system, as more particularly identified in the Statement of Claim.
(b) Damages attributable to investigation, repair, and replacement of the defects and deficiencies (the “Remediation Damages”); and
(c) Liability for the Remediation Damages, including whether Royal & Sunalliance Insurance Company of Canada or National Home Warranty Programs Ltd. have breached their obligations pursuant to insurance policies issued to the unit owners in the Corporation and are therefore liable to pay for some or all of the cost of the Remediation Damages.