The condominium board sued the developer, Park Place, over a leaky roof that persisted since 2006, alleging failure to fix the issue despite assurances.
Key Legal Issue:
The dispute centers on whether the board’s lawsuit was filed within the two-year limitation period under Alberta’s Limitations Act. If not, the developer would have immunity.
Arguments:
Developer: Argued that the limitation period began as early as 2009 after initial failed repairs or, at the latest, in 2011 when the board’s treasurer raised concerns about legal time limits. By then, the board knew the issue was severe enough to sue.
Condo Board: Claimed the limitation period didn’t start until 2013 when the developer withdrew repair commitments and referred them to legal counsel. They argued ongoing assurances by the developer delayed the need to sue or, alternatively, amounted to promissory estoppel extending the limitation period.
Court's Decision:
Justice Mah concluded there were genuine issues requiring a trial, particularly on whether the developer's conduct delayed the need to litigate.
The appeal for summary dismissal was denied, as determining when the lawsuit was warranted required assessing the credibility of both parties’ actions over the years.
The case will proceed to trial to decide if the board’s claim was out of time, with the board bearing the burden of proof.
The court’s decision did not include a specific monetary award, damages, or costs at this stage.
