Corchis v. Essex Condominium Corporation No. 28 (Ontario Court of Appeal)

In 1994, the condominium’s roof was leaking.  Based upon advice from architects and engineers, the condominium’s roofing committee recommended that the roof be replaced.  The Board decided instead to arrange for minor repairs to the roof, based upon recommendations of the developer, one of the owners (who was a retired engineer), and the third party, London Caulking and Installations Limited. 

Despite the repair efforts, leaks continued and the condominium corporation ultimately agreed in 1998 to replace the roof in accordance with the engineering firm’s recommendations.  In the meantime, the leakage had caused significant damage to the plaintiff unit owner.  The Courts had previously concluded that the condominium corporation’s decision to delay replacement of the roof was negligent – so that the condominium corporation was liable to the plaintiff owner.  The Court then had to deal with the third party action:  namely, the condominium corporation’s “claim over” against London Caulking.  The Court of appeal held that London Caulking was indeed partially liable for the plaintiff’s loss, but the condominium corporation was primarily liable.  The Court of appeal said: “We consider it reasonable to fix London Caulking with responsibility for about 3 months out of the total 60 months of delay”.  As a result, London Caulking was found responsible for 1/20^th of the damages.