Last Sunday the Toronto Star ran this article talking about a $30 million class-action lawsuit against developer Elad Canada. The claim is that the developer failed to deliver on the promise of direct underground subway access from its project—Emerald City Condominiums—to the Don Mills subway station.

The developer, however, doesn’t feel that they made such a representation:

The lawyer for condo developer Elad disputes the claim saying, “there was never any representation that there would be underground access” from the condo building to the subway or directly to Fairview Mall: Both are easy to reach by walking out the lobby doors and six metres to the subway entrance right out front.

But when you check the project’s website, it says the following:

Emerald City is also a commuter’s dream come true. With easy underground access to the Don Mills subway, you can be in downtown Toronto in just minutes.

Now, I suppose you could argue that, since it’s the subway, that all access is underground. And that it’s certainly “easy”. But when I read the above statements, I can understand why somebody might think there’s underground access to the subway station from within the building. That’s what I would think. It’s misleading.

But I want to hear from all of you (especially if you’re a lawyer).

Do you think the developer unfairly led purchasers into believing that they would have direct and underground access to the subway station from their building?