The plaintiffs moved for leave to amend their pleading and to certify the proceedings pursuant to the Class Proceedings Act, 1992, S. O. 1992, c. 6.
They seek to represent a Class consisting of the purchasers of residential condominium units in a project known as the Residence of Beauclaire in Thornhill, Ontario. In the statement of claim, as originally issued on October 18, 2004, they claimed damages against the defendants in respect of certain alleged misrepresentations concerning the monthly assessments and maintenance fees that would be payable by purchasers of units in the project. The condominium corporation – York Region Standard Condominium Corporation No. 974 – was created by registration pursuant to the Condominium Act, 1998, S.O. 1998, c. 19 on June 28, 2002.