Centurion Apartment Properties Limited Partnership v. Sorenson Trilogy Engineering Ltd.
Centurion Apartment Properties Limited Partnership
Law Firm / Organization
Dentons Canada LLP
Centurion Apartment Properties (Danbrook One) Inc.
Law Firm / Organization
Dentons Canada LLP
Sorenson Trilogy Engineering Ltd.
Law Firm / Organization
Clyde & Co Canada LLP
Lawyer(s)

Craig A. Wallace

Brian McClure
Law Firm / Organization
Clyde & Co Canada LLP
Lawyer(s)

Craig A. Wallace

Theodore Tracy Sorenson
Law Firm / Organization
Clyde & Co Canada LLP
Lawyer(s)

Craig A. Wallace

Brian Douglas Lange
Law Firm / Organization
Clyde & Co Canada LLP
Lawyer(s)

Craig A. Wallace

Loco Investments Inc.
Law Firm / Organization
Cook Roberts LLP
Lawyer(s)

Declan Redman

DB Services of Victoria Inc.
Law Firm / Organization
Unrepresented
Margaret McKay
Law Firm / Organization
Cook Roberts LLP
The City of Langford
Law Firm / Organization
Unrepresented
Jack (John) Patrick James, dba Jack James Architect
Law Firm / Organization
Unrepresented

Background Facts:
Centurion Apartment Properties Limited Partnership and Centurion Apartment Properties (Danbrook One) Inc. purchased an 11-storey apartment building in Langford, BC. The building was designed and constructed by DB Services of Victoria Inc., with Sorenson Trilogy Engineering Ltd. acting as the structural engineers. After construction, the building was found to have severe structural deficiencies, leading the City of Langford to revoke its occupancy permit, forcing an evacuation of the building.

Legal Issues:

  • Duty of Care: Whether Sorenson Trilogy Engineering Ltd. owed a duty of care to the plaintiffs despite no direct contractual relationship.
  • Standing to Sue: Whether Centurion LP, as a beneficiary of the trust holding the property, had standing to sue for negligence related to the building’s defects.
  • Contractual Limitation of Liability: Whether a contractual clause limiting Sorenson Trilogy’s liability to the amount of their fees was enforceable.

Rulings:
The Court of Appeal allowed the appeal in part. It found that Sorenson Trilogy owed a duty of care due to a sufficiently proximate relationship with the plaintiffs. However, it upheld the lower court’s ruling that Centurion LP lacked standing to sue for negligence concerning trust property. The enforceability of the liability limitation clause was deemed unsuitable for summary judgment and required a full trial.

Costs and Awards:
The document did not specify the exact amount of costs or awards granted to the successful party.

Court of Appeals for British Columbia
CA48819; CA48832
Construction law
Appellant