Part 20 published on 01/11/07
No basis for claim against CMHC (for a “leaky” condo)
The plaintiffs owned units in a condominium that had experienced problems with water leaks. They asserted a claim against CMHC on the following grounds: CMHC was aware of the design and construction errors that could lead to these sorts of leakage problems, and had a duty to prospective purchasers to take reasonable steps to ensure that their buildings were designed and constructed in a manner that would avoid such problems.
The Court dismissed the claim. The Court said that “the statutes under which (CMHC) exists and operates give it no regulatory responsibility with respect to the construction of housing in British Columbia. There is nothing in either the CMHC Act or the Housing Act which creates a duty of care on the CMHC to individual home owners.”