26/08/13 – Jurisdiction British Columbia
Part 2 published on 01/05/03
Leaky Condo Case: Excessive Delay Prevents Condominium Corporation from Adding a Defendant
Part 2 published on 01/05/03
Leaky Condo Case: Excessive Delay Prevents Condominium Corporation from Adding a Defendant
This is one of British Columbia’s “leaky condo” cases. The Strata Corporation brought a motion to add some defendants to the court action. One of the defendants, Spectrum Skyworks Inc., opposed the application.
The court refused to add Spectrum as a defendant. The court said that the Strata Corporation should have identified Spectrum as a defendant at a much earlier date. The court said that there was “an extensive delay in seeking to identify and add Spectrum as a defendant”. The court said that Spectrum had been prejudiced by the delay, particularly because intervening work had been done and Spectrum was not advised or consulted about that work.