Patrick G. Guy Law Corporation
Patrick G. Guy
Law Corporation
300-754 Broughton Street
Victoria British Columbia
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Kimpton v. Attorney General of Canada et al

Leaky Condos Class Proceeding


September 16, 2002 Update

On March 30, 2001 we filed a leaky condo class proceeding in the Supreme Court of British Columbia, Victoria Registry, Action No. 01 1447.

Before a class action can proceed it must be certified by the Court. By certifying a class action, the Court orders that: the action is a proper class action (as opposed to an individual action); defines the class of people who can make claims within the Act; and sets the issues that will be determined by the Court at a later trial.

The certification hearing was held September 3rd to 13th, 2002 and Justice Macaulay has reserved judgment. As soon as the judgment is given we will post it here.

The proposed representative Plaintiff is Mary Kimpton, an owner of a condominium that has failed. The class proceeding is limited to the following Defendants:

  • The Attorney General of Canada (Federal Government);

  • Canada Mortgage and Housing Corporation (CMHC), and

  • Her Majesty the Queen in Right of the Province of British Columbia (Province of B.C.)
If you feel that you may be a claimant in this class action, please contact us by email at leakycondos@paddyguylaw.com or by regular mail at the address below. We will add your name to our list of potential claimants. Please make sure that you provide your complete name and address.

Please note that by contacting us you are not registering in this class action. When the Court sets a registration deadline we will notify you and you will be required to complete a court approved registration form at that time.
   
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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