Condominium Plan No. 81R14133 (c.o.b. Sierra Village Condominium Assn.) v. Muxlow Development Corp. (Saskatchewan Court of Queen's Bench)

On October 9, 2001, the condominium corporation commenced a Court action, in negligence, against the defendant municipality.  The Court held that the action was not commenced within the applicable one-year limitation period and accordingly was out of time.  According to the Court, the limitation period had started on November 10, 1999, when the condominium corporation received its first engineering report respecting the problem.  The Court rejected the argument that the limitation period did not begin to run until the condominium corporation had obtained a “reasonable assurance of success” (from a second engineering opinion and a legal opinion).