Learn more about the Ottawa Housing Development Class Action

Specific problems

1. Mould

Homeowners have reported to Gluckstein Lawyers concerns of pervasive black mould throughout their homes.

Below are some examples of the mould affecting the homeowners in this housing development:

Mould growth on concrete foundation wall:

Mould growth on tarpaper:

Mould growth on foundation wall and tarpaper:

2. Basement Slabs, Foundation Cracks & Vapour Barriers

Homeowners have reported to Gluckstein Lawyers concerns that their basement slabs are not to Building Code requirements in that they are under 3 inches.

Homeowners have been required to have their basement slabs cored in one or more areas for the purposes of determining whether their basement slab is to Building Code requirements.

As noted in KeesmaatHomes v. Vandenhengel, 2022 ONSC 5028 (CanLII):

“The Ontario Building Code in effect at the time of the construction required a minimum thickness of concrete slab floor of 75 mm or approximately 3 inches.” (para. 99)

In some cases, basement slabs had to be replaced. In addition, cracks have been in observed in some homes’ foundations.

These homes, which were advertised to be Energy Star certified, are also reported as lacking appropriate vapour barriers under the slab. 

Below are some examples of the basement slab issues affecting the homeowners in this housing development:

Basement slab of inadequate thickness (under 3”):

Absence of vapour barrier:

Foundational cracks:

3. Radon Gas

Homeowners have reported to Gluckstein Lawyers that their homes have been subject to radon gas infiltration above acceptable levels for human exposure.

According to the World Health Organization:

Radon is a radioactive gas that has no smell, colour or taste. Radon is produced from the natural radioactive decay of uranium, which is found in all rocks and soils. Radon can also be found in water.

Radon escapes from the ground into the air, where it decays and produces further radioactive particles. As we breathe, these particles are deposited on the cells lining the airways, where they can damage DNA and potentially cause lung cancer.

Radon is a major cause of lung cancer. It is estimated that radon causes between 3% to 14% of all lung cancers in a country, depending on the national average radon level and the smoking prevalence.

The risk of lung cancer increases by about 16% per 100 Bq/m³ increase in long time average radon concentration. The dose-response relation is assumed to be linear – i.e. the risk of lung cancer increases proportionally with increasing radon exposure

As per Health Canada, the acceptable limit is currently 200 Bq/m³. Sources of radon gas infiltration include:

(Source: https://www.canada.ca/en/health-canada/services/publications/health-risks-safety/guide-radon-measurements-residential-dwellings.html)

4. Weeping Tiles

Homeowners have reported to Gluckstein Lawyers that the weeping tiles are either not connected to their homes, or are not properly situated with respect to grade, with flooding resulting.

Below are some examples of the weeping tile issues affecting the homeowners in this housing development:

Absent weeping tile:

Weeping tile beside footing:

Visible backfill:

Weeping tile above footing level:

5. Additional Issues:

Homeowners have reported to Gluckstein Lawyers a number of additional issues they have discovered, or are in the process of discovering, including:

• Foundational cracks (vertical and horizontal);
• Electrical wiring issues exposing homeowners to risks of fire, etc.;
• Inadequately sized furnaces;
• Absence of Energy Star certification;
• Foggy windows;
• Lower basement ceiling height than as advertised;
• Lack of attic insulation;
• Improperly functioning dinette pot lights; and
• Additional issues of poor workmanship.

If you believe that your Ottawa home may be subject to one or more of these issues, we will be more than happy to speak with you.  Please contact us to arrange a meeting: