Notice of certification of the pointe of view condominiums (Prestwick) Inc. Parkade class action lawsuit
Overview of the lawsuit
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.
Are you a class member?
(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.
The certification order
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 issue to be decided
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.