Part 22 published on 01/05/08
Limitation period extended
The condominium corporation’s application for leave to commence an action after the expiry of a limitation period was dismissed by the lower Court. The condominium corporation appealed to the Manitoba Court of Appeal, and was successful on appeal.
The condominium corporation sought leave to commence a Court Claim in relation to damages to its heating and cooling system. The condominium corporation alleged that the damages were the result of mistakes made by the engineering firm that provided mechanical design services and by the contracting firm that performed the actual remedial work to the heating and cooling system. The Manitoba Court of Appeal agreed that the condominium corporation did not have “knowledge of material facts of a decisive character” upon which to base the action until less than twelve months prior to the condominium corporation’s application. The corporation was accordingly granted leave to commence the claim.