Condo legal battles: wins and losses

LAWYERS handling a lawsuit on behalf of residents of 2411 New St. want to make their clients “whole again.”

Martin & Hillyer acknowledges it’s taking some time to get the claim to trial, but cites the complexity of the case and a boggeddown judicial system for the lag.

The lawsuit, which names the City of Burlington and was launched in 2011, is going to trial in January 2017, says Laura Hillyer.

“As slow as the process is, the time will come and they’ll have their date in court.”

But a Toronto lawyer who specializes in condo law argues municipalities f acing such legal challenges have a solid defence simply if a number of years have passed since the problem became known.

But even if condo owners are successful in convincing a judge, suggests Chris Jaglowitz, who blogs about such cases, they may not squeeze any cash from defendants, who might be uninsured or faded from existence.

“You can go to trial, you can win, you can get your big paper judgment, but it might not be worth anything to you if you can’t collect on it.”

A legal victory also seems a long shot to Linda Pinizzotto, president of the Condo Owners Association.

“You’re not fixing the problem; it’s getting worse.”

A better option would be to fish around for a developer to buy the property and, if possible, rebuild higher, she said.

The 2411 New St. site is “prime” land near Guelph Line, a bank and other commercial properties.

“This property is worth big dollars.”

What concerns Pinizzotto — a veteran real estate agent who’s seen every sad condo story “under the sun” — is that 2411 New St. owners, in their notably desperate position, could f all prey to bargain-hunting developers.

“That tells me they could totally get ripped off.”