Garment Street Condos | 25 & 6 fl | Complete

[GarmentGate]

Just received an email today:

We appreciate your ongoing patience with respect to the unavoidable delays that have impacted the completion of Garment Street Condos.

As you are aware, the following Notices of Unavoidable Delay have been issued:

1. Notice of Unavoidable Delay dated April 9, 2022 regarding the water event that took place at Garment Street Condos over the course of March 26, 2022;
2. Notice of Unavoidable Delay dated April 9, 2022 regarding the COVID-19 pandemic and related labour and supply chain disruptions; and
3. Notice of Unavoidable Delay dated May 20, 2022 regarding trade strikes.

We have been working diligently alongside our construction team to establish new occupancy dates and expect to be in a position shortly to share this information with you. As such, you can expect to receive a formal second notice - confirming the total length of the delay - within the coming weeks. This second notice will include your revised Statement of Critical Dates and your new occupancy date.

Although specific dates have not yet been finalized, in an effort to provide you with as much notice as possible, we can share that we anticipate the first round of occupancies to begin in early September. As well, we can further share that we anticipate registration of the condominium in late Summer or early Fall. As such, we may be in a position - in accordance with your Agreement of Purchase and Sale - to provide final closing of your unit concurrently with occupancy.

If you have questions about this correspondence, please contact Momentum Developments at info@momentumdevelopments.ca.

We look forward to welcoming you to Garment Street in the near future!

Warm Regards,

114-120 Victoria Street South Inc.

Has anyone impacted by the flood delays received a notice to sign a Final Occupancy Date Amendment? It states the following:

"The signing of the amendment may result in the loss of delayed occupancy compensation as described in section 7. In the event that delayed closing compensation is payable prior to the date of this Amendment, the Purchaser waives entitlement to such compensation. The parties hereto confirm that the Purchaser shall retain any ability to claim delayed closing compensation that is applicable from the date of this Amendment to the Firm Occupancy Date or Delayed Occupancy Date."

So, does this mean that there is a possibility of receiving some sort of compensation? My unit was delayed by 5.5 months and as a result, I was financially impacted. It would be nice if all owners who were delayed due to the flood received some sort of compensation.

I have no answer but I would think if the home you bought was flooded they would compensate. Seems insane not to do so.

You need to look closely at the purchase agreement as it pertains to delays and namely 'unavoidable delays' and the dates of said letters. Something about so long as they advised you of notice of unavoidable delay within 2 weeks of firm occupancy then they are covered off.  Check yours as well for 'final occupancy date' and they likely put some date in bloody 2024 to cover themselves off for even larger delays (so long as the letters went out in time yada yada)...it's ridiculous.

The flood should not even fall under unavoidable delay IMO as they messed up in workmanship.

I have no answer but I would think if the home you bought was flooded they would compensate. Seems insane not to do so.

I agree. The flood occurred on floor 18 and it damaged many units below it, which have since been "repaired". Looks like shoddy work to me, but I'm hoping they fix things before my possession date. I was curious to see if others who were impacted by the delay have heard of any sort of compensation since I think it's justified.

You need to look closely at the purchase agreement as it pertains to delays and namely 'unavoidable delays' and the dates of said letters. Something about so long as they advised you of notice of unavoidable delay within 2 weeks of firm occupancy then they are covered off.  Check yours as well for 'final occupancy date' and they likely put some date in bloody 2024 to cover themselves off for even larger delays (so long as the letters went out in time yada yada)...it's ridiculous.

The flood should not even fall under unavoidable delay IMO as they messed up in workmanship.

I agree, if someone messed up, it shouldn't fall under unavoidable delay. It was completely avoidable if the job had been done correctly. I'm waiting to hear back from my lawyer

What came of talking to your lawyer re: unavoidable delays?

What came of talking to your lawyer re: unavoidable delays?

He didn't know and told me to call Tarion, which I haven't done yet. Was thinking of just submitting the Delayed Closing form to Tarion...fingers crossed that they may approve it? 

Someone needs to compensate us here - whether it's Tarion or the builder or those responsible for this delay (plumbing company and/or security company's insurance). I imagine the builder would be suing them, but who knows....

The following is part of a court filing:

On October 30, 2022 I submit a Tarion Delayed Closing/Occupancy Form. A copy is sent to Victoria Street.

On November 23, 2022 I receive a response from Slonee Malhotra of Sorbara Law. Included are the assertions:

“As per the Act, the Tentative Closing Date Agreement of Purchase and Sale and its Addendum, the Vendor has provided you with the required notice for any and all delays”

“Each instance of an extension was carried forward through providing the Purchaser with a copy of the appropriate Notice within the requisite time period. As long as the Outside Occupancy Date is not exceeded, your builder can extend your Occupancy Date without paying you delayed occupancy compensation”

“All notices ending unavoidable delays were provided no later than 20 days after the Vendor knew or ought to know that the unavoidable delays had concluded and setting new critical dates”

“We hope that this information satisfies you that there is no further action warranted on this claim.”

On June 16, 2023 I submit a Tarion Request for Warranty Assessment.

On or about January 9, 2024 I receive the Tarion Claim Resolution Schedule. Conclusion:

The August 15, 2022 notices ending the Strike, Flood, and Covid-19 UD Events (as well as the April 8, 2022 Covid-19 UD notice) did not meet the requirements of section 5 of the Addendum and therefore were ineƯective. The Critical Dates which existed at the time the first notice of the First Unavoidable Delay Event was sent, specifically the Firm Occupancy Date of May 12, 2022, remained unchanged.

The Purchaser is entitled to Delayed Closing Compensation for the time period between the Firm Closing Date of May 12, 2022 to September 6, 2022; 117 days. Therefore, the Purchaser is entitled to the maximum compensation in the amount of $7,500.00.