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Leaky Condo Issues

Many may be aware of the 'leaky condo crisis' that hit BC and has been ongoing in BC for many years. The condos, improperly built and designed for BC's climate leaked and caused millions of dollars of damage.

In response, many strata corporations have sued their builders for negligent design and construction of their buildings. However, Canadian negligence law can make it difficult for the strata corporations and owners to recover their damages because the strata corporation and owners didn't hire those builders and designers - the owner developer did.

In the case of The Owners, Strata Plan KAS 3575 v Renascence Enterprises (Shannon Lake) Corp., 2017 BCSC 1336, the strata corporation had sued the companies involved in the design and construction of the buildings, seeking compensation for the defects in the common property, including leaks in the building envelope. One party, Ferta, had been the structural engineer for the strata corporation. They were part of the litig…

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