McMillan v. Canada Mortgage and Housing Corporation (British Columbia Court of Appeal)

The lower Court ruled that CMHC did not owe a duty of care to individual home owners, and accordingly could not be sued by owners of “leaky condos”.  [See Condo Cases Across Canada, Part 20, November 2007]

The plaintiffs appealed to the British Columbia Court of Appeal.  The Appeal was dismissed.  The Court of Appeal agreed that CMHC did not owe any duty of care to homeowners in the context of CMHC’s role as insurer of a mortgage.