This NSCC72 lawsuit was launched in May 2017. The alleged deficiencies were copied verbatim from the Performance Audit (“PA”). The PA was copied in its entirety, details such as a missing elevator license, clogged storm drain, loose handles, etc. There were additionally false allegations of missing fire breaks in the hallways. This would have made the building a firetrap if they were to be true.
As it was, the plaintiff claimed that the building was uninhabitable, and a clear example of the exaggerated issues in this frivolous and vexatious claim.
The plaintiff made no effort to check that their 2017 allegations were correct, 99% of which had already been dealt with by 1573454 under the builder’s own warranty program.
The plaintiffs raised additional claims in their Amended statement of claim in 2022 and are now raising new issues at the end of 2025. The latest experts’ opinion in 2025, essentially means the condominium will need to be almost entirely rebuilt at a cost of over $13,000.000 including H.S.T.
NSCC72 was intended to be a Phased condominium, and in the Declaration, there is a Cost Sharing Agreement (hereinafter referred to “CSA”). NSCC72 has never made any attempt to adhere to this CSA.
The CSA in the Declaration provides for further CSA’s, which the plaintiffs have refused to implement declaring there was no advantage to NSCC72. This in turn has prevented the Phased condominium project from being realized, as there is a 10-year limitation from 2011 for the Additional Phases to be built.
The defendant was unable to move ahead with building Phase 2 as prospective purchasers from 1573454. needed to know the anticipated common area costs.
Under The Condominium Act, if a condominium Declarant understates the monthly common area fees to a purchaser, the declarant is liable to make up the difference.
It seems likely that Phase 2 will now have to be a separate condominium, which will use the land easements provided for in the NSCC72 Declaration. There are mutual easements in the Declaration between 1573454 and NSCC72.
Since these proceedings began 9 years ago, two of the Defendants have passed away and another is now seriously ill. Had the Plaintiffs dealt with their claims in accordance with Court practice the matter would have been adjudicated by 2022. Until now these delays have not been caused by 1573454 or Phoenix Genesis Financial Inc. (PGF).
