Key Points:

• Background: The Condominium Corporation No. 0824320 ("Condo Corp") filed a lawsuit concerning water ingress issues in their building. They initially did not name RBA as a defendant, adding RBA in 2018 after discovering its role as the architect.

• Legal Issue: The main question was whether the 2-year limitation period under Alberta’s Limitations Act had expired by the time Condo Corp added RBA to the lawsuit in 2018.

• Limitation Period: RBA argued the limitation period began in 2015 when Condo Corp received reports identifying architectural deficiencies. Condo Corp countered that it did not know RBA was involved until 2018 due to delays in identifying responsible parties.

• Decision: The court ruled that Condo Corp had taken reasonable steps to discover RBA's identity and the case presented a triable issue regarding whether Condo Corp should have discovered RBA’s involvement earlier. Therefore, RBA’s request for summary dismissal was denied.

• Outcome: Appeal dismissed; Condo Corp could continue its claim against RBA. No monetary award was specified