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Kimpton v. Attorney General of Canada et al

Leaky Condos Class Proceeding


November 28, 2002 Update

On November 28, 2002, in a 54-page decision, Mr. Justice Macaulay ruled that the proposed class did not have a cause of action against the Province of British Columbia or the Federal Government for the creation of building codes, or CMHC for implied misrepresentation.

The judgment does not address whether the British Columbia and National building codes are suitable for implementation in British Columbia. The judgment was based on findings that the two levels of Government did not owe owners a duty of care when creating building codes, and that for policy reasons no duty of care should be imposed. The judgment held that no cause of action could exist against CMHC for an implied misrepresentation.

Although disappointed in the result, counsel for the proposed class is satisfied that the Court gave full and fair consideration to the requirements for the certification of a class proceeding. No decision has been made on an appeal.

If you would like to read Mr. Justice Macaulay's decision in its entirety, please go to: British Columbia Superior Courts.
   
Important Notice

The class action does NOT include your builder, developer, contractors, sub-contractors, architects, engineers, etc.

If you are already involved in litigation against your builder, developer, contractors, sub-contractors, architects, engineers, etc., you should consult your lawyer to discuss what impact, if any, the class action will have on that litigation.

If you do NOT have a lawyer, and wish to sue your builder, developer, contractors, sub-contractors, architects, engineers, etc., you should consult a lawyer immediately as statutory limitations regarding these parties may be expiring.

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