As everyone knows, in the legal profession, in a lawsuit, counsel prepares the pleadings from information provided by the plaintiff. 
Essentially therefore, the lawsuit launched in May 2017 was the work of Mr. Gary Gratton, the chairman of the board of NSCC72.  Based on this reality, one should be very concerned that Mr. Gratton can come up with the bold, bogus, fraudulent and vexatious allegations that he apparently has.

Firstly, Mr. Gratton named Phoenix Genesis Investments Inc. as one of the defendants although no one appears to have any idea how he brought this company into the lawsuit. 
Phoenix Genesis Investment Inc was dissolved in 2018, nine years before this frivolous lawsuit was filed.
However, Mr. Gratton, going about his daily activities and his research, eventually found that PGI no longer existed.
Not to be outdone, he cast around for another defendant to take the place of PGI.
Mr. Gratton clearly, diligently, searched the Ontario registry of companies and found that Phoenix Genesis Financial Inc. would fit the bill! Apparently he did not notice that PGF was not even incorporated then. Don’t let details get in the way of a good lawsuit.
When, and where, Mr. Gratton, or any member of the board of NSCC72, or any resident, had contact with PGI or PGF is irrelevant. They didn’t.
Neither of these companies were ever involved in Mansions on George or NSCC72.

Naming of both of these companies was frankly mischievous, deceitful, frivolous and vexatious and like the rest of the lawsuit one can only imagine it was dreamed up by Mr. Gratton because of his considerable animosity towards  the Defendants.

It is very clear from reading the initial pleadings of May 2017, that virtually all of the alleged deficiencies were lifted verbatim from Pichler Engineering’s performance audit in January, February and March 2015 over 2 years before.

If the above assumption is correct, Mr. Gratton has been very negligent and cost all his residents of NSCC72 an enormous amount of legal fees and other costs.  Before launching a lawsuit, any normal person would ensure that they gave their lawyers accurate information and facts on which to base their pleadings.
Perhaps Mr. Gratton should be named personally for the considerable difficulties that he has caused the residents of NSCC72, 1573454 Ontario Ltd., Phoenix Genesis Financial Inc. and the taxpayers of Cobourg.
As the Chairman of any Condominium Mr. Gratton has a duty to protect the owners of the units in his care and control.

Why Mr. Gratton thinks it is acceptable to have a half-built condominium at the corner of George and James Street in Cobourg.  If this building had been finished, as originally designed, the owners would have enjoyed a beautiful development and enhanced values of their units in NSCC72. 

The Town of Cobourg, the County of Northumberland, the local school board, would have enjoyed hundreds of thousands of extra tax dollars annually from Phase II and this should weigh on Mr. Gratton’s consciences.

This lawsuit has very little in basis of fact and it would be nice if Mr. Gratton would be held accountable for his actions.

Obviously, it was no “misnomer that PGI was substituted for PGF. It was unscrupulous and deceitful; Phoenix Genesis Financial Inc. was not incorporated when NSCC72 was built and registered as a condominium.