Elad Canada Inc., developer of Toronto’s new Emerald City Condominiums project, is facing a $30 million class action lawsuit for failing to deliver on advertised promises.

Charney Lawyers and Sutts, Strosberg LLP are bringing on the suit on behalf of the buyers of the 464 units in phase one of the development. It stems from a misrepresentation during marketing that promoted direct underground access to the Don Mills subway station and connection to Fairview Mall. As such, the class action is seeking damages that are equivalent to 10-15 per cent of the purchase price.

“The class action alleges that the Emerald City developers failed to provide these building features to purchasers who were relying on them. Through this class action, the plaintiffs seek to hold the developers accountable,” says Harvey Strosberg.

In an interview with the Toronto Star’s Susan Pigg, buyer Wendy Ji says that she bought her two-bedroom unit because of these promises and, having been let down, is spearheading the lawsuit.

“The station isn’t far. It’s not going to kill me to walk there,” Ji told Pigg. “But it’s the failure of the promise and the fact we paid a premium for that building because it was supposed to have underground access.”