Atlantic Baptist Senior Citizens’ Homes Inc. v. Redden Brothers Development Limited
Atlantic Baptist Senior Citizens' Homes Inc.
Law Firm / Organization
C3 Legal Inc.
Lawyer(s)

Shawn Harmon

Redden Brothers Development Limited
Law Firm / Organization
Not Specified
BMR Structural Engineering Limited
Law Firm / Organization
Not Specified
Peter Cochrane Architects Limited
Law Firm / Organization
Not Specified
The Town of Bridgewater
Law Firm / Organization
Stewart McKelvey

Case Summary:

The Plaintiff, Atlantic Baptist Senior Citizens' Homes Inc., hired Redden Brothers Development Ltd. to build a 96-unit senior residential home in Bridgewater. After completion, defects were found, including defective windows, cracked flooring, water damage, and inadequate structural support. In 2015, a Remediation Agreement was made where Redden agreed to perform remedial work and reimburse the Plaintiff for certain costs.

Legal Issues:

  1. Summary Judgment Motion:
    The Town of Bridgewater sought summary judgment to dismiss claims against it, citing the six-year limitation period under Section 504 of the Municipal Government Act (MGA). The Plaintiff agreed to dismiss their claim, but Redden did not agree to dismiss its crossclaim.

  2. Key Legal Questions:

    • Does Section 504(3) of the MGA protect the Town from liability due to an expired limitation period?
    • Did the Town owe a duty of care to Redden, and if so, what is the applicable limitation period?

Court's Findings:

  • Limitation Period: The six-year limitation under Section 504(3) of the MGA applied, barring claims against the Town. The period began with the original permit application in 2007, expiring before the 2017 action.
  • Duty of Care: The court found no duty of care owed by the Town to Redden beyond the six-year limitation period.

Conclusion:

The court granted summary judgment for the Town of Bridgewater, dismissing all claims against it due to the expired statutory limitation period. No damages or costs were awarded. The Town of Bridgewater was the successful party.

Supreme Court of Nova Scotia
467675
Construction law
Defendant