The Greater Toronto Area-developer behind a collapsed luxury condo project in Welland, Ont., is facing a $10 million lawsuit from residents in another condo in Niagara Falls who say their building is riddled with issues.

“I’ve been doing this now over 20 years … I’ve never seen anything like this,” Patricia Elia, a senior lawyer with Elia Associates, told CBC Hamilton, referring to the building.

She said she is representing the condo board and residents at Upper Vista Niagara Falls as they sue the developer, Evertrust, for “deficiencies and failures” in the building at 7711 Green Vista Gate.

Those issues range from improper fire protection, to malfunctioning air conditioning and heating, in addition to numerous building code violations — issues that led one resident to describe the building as “full of cancer.”

The statement of claim, obtained by CBC Hamilton, was filed in Toronto on Oct. 21, 2022. It names Evertrust, the City of Niagara Falls and five other groups involved in architecture, engineering and general contracting. The claims haven’t been tested in court and Elia said no statement of defence has been filed.

Evertrust is the same developer behind Upper Vista Welland at 350 Prince Charles Dr., which partially collapsed this past weekend — the second partial collapse in eight days, which prompted Evertrust to send the city an application on Thursday to partially demolish the building next week.

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