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Kimpton v. Attorney General of Canada et al

Leaky Condos Class Proceeding

On March 4, 2004, the British Columbia Court of Appeal issued reasons for judgement on the appeal from the Supreme Court of British Columbiaís refusal to certify this proceeding as a class proceeding. In that decision Mr. Justice Macaulay held that the proposed class did not have a cause of action against the Province of British Columbia, the Federal Government of CMHC.

The Appeal was taken in respect of the judgment in favour of the Province and Canada only. The Court of Appeal upheld the lower Courtís decision and the principle that legislators can not be held liable for negligence in enacting legislation, including a regulation such as the B.C. Building Code.

The Court of Appealís decision was not appealed to the Supreme Court of Canada.

On December 6, 2005 a proposed class proceeding, Hepner and McMillan v. CMCH, was filed in the Vancouver Registry of the Supreme Court of British Columbia against CMHC for failure to warn of the known danger of premature failure of building envelopes. Further information concerning this class proceeding can be found at

Leaky Condos Archive

  November 28, 2002

  September 16, 2002

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