Bay-Yorkville Developments Ltd. v. Ferguson-Neudorf Glass Inc.
BAY-YORKVILLE DEVELOPMENTS LTD.
Law Firm / Organization
Lenczner Slaght LLP
FERGUSON-NEUDORF GLASS INC
Law Firm / Organization
Book Law
In the case of Bay-Yorkville Developments Ltd. v. Ferguson-Neudorf Glass Inc., dated March 27, 2023, the plaintiff, Bay-Yorkville Developments Ltd. (BYDL), had sought to consolidate the action involving them (Bay-Yorkville Developments Ltd. v. Ferguson-Neudorf Glass Inc. or FNG Action) with Toronto Standard Condominium Corporation No. 2282 (2822) v. Bay-Yorkville Developments Ltd. (Main Action). The lawsuits had stemmed from the development of the Four Seasons Residences project in Toronto's Yorkville area. BYDL, the project developer and declarant of 2822, had initiated the Main Action in 2014, seeking $4,000,000 for alleged deficiencies in the project's design and construction. BYDL had contracted the defendant, Ferguson-Neudorf Glass Inc. (FNG), for the curtain wall system and balcony doors, leading to an indemnity agreement due to glass breakage. The Menkes Defendants (Menkes Developments Inc. and Menkes Construction Limited) had also been involved in the project. Over time, multiple claims, amendments, and third-party claims had complicated the litigation. BYDL had aimed to consolidate the FNG Action with the Main Action, contending that the issues overlapped. FNG had opposed this, emphasizing a planned Summary Judgment Motion based on the Limitations Act 2002 (Ontario). The court, while acknowledging the complexity and interwoven issues, had ruled in favor of consolidation, seeking to avoid a multiplicity of proceedings. The court's analysis had considered factors such as evidence overlap, potential inconsistent findings, shared damages claims, and economic efficiency. The parties had further been instructed to collaborate on a consolidated timetable for the actions, with additional guidelines on costs and case management.
Superior Court of Justice - Ontario
CV-20-651198; CV-14-518564
Civil litigation
Plaintiff