Trudell v. Sandpoint Developments Inc. (Ontario Court of Appeal)

A condominium owner sued various parties – including the developer’s engineers – for damages resulting from water leaks.  The claim against the engineers was dismissed by the lower Court, and this was upheld on appeal.  The Court of Appeal’s reasons were as follows:  

• The engineers had no contractual relationship with the owner.
• There was no evidence of negligence on the part of the engineers.
• The engineers were not obligated to carry out on-site tests or physical measurements during their inspections of the work.
• The Professional Engineers Act does not create a private law duty of care owed by engineers to members of the public.