The Madison (Coquitlam): Court rules leaky condo owners waited too long to sue window manufacturer

 

 

Citation: 

The Owners, Strata Plan LMS1212

v. City of Coquitlam et al

Date:

20050126

 

 

2005 BCSC 245

Docket:

L013696

Registry:  Vancouver

IN THE SUPREME COURT OF BRITISH COLUMBIA

Oral Reasons for Judgment
Master Barber
January 26, 2005

 

BETWEEN:

THE OWNERS, STRATA PLAN LMS1212

PLAINTIFF

AND:

CITY OF COQUITLAM, WINCHESTER INVESTMENTS LTD.,
formerly Polygon Group Limited, POLYGON TOWN CENTRE
DEVELOPMENT LIMITED, formerly Polygon Development VII
Limited, POLYGON CONSTRUCTION LTD., GRAHAM F.
CROCKART, GRAHAM F. CROCKART ARCHITECT INC., and
JOHN DOE ONE through JOHN DOE TEN

 

DEFENDANTS

 

 

Counsel for Plaintiff

V.P. Franco

Counsel for Proposed Defendant

J. Doyle

[1]                 THE COURT:  This is an application by the plaintiff to add NAP Building Producers, who was a window supplier for this building which comprises of 71 residential units in Coquitlam. 

[2]                 The building was built and completed between ’93 and March of ’94.  It is conceded that the company provided windows for the building.  Leaks were noticed almost immediately in the building in other areas other than the windows.  And there was some remedial work done by Polygon.  At any rate, by September of 1998 there was some concern about the windows, which concern was evidenced in the report that was done at that time by Morris & Hirschfield Limited.  It is in the material found at Exhibit B to the affidavit of C. Friesen sworn April 27th, 2004.  The comment with respect to the windows, doors and other wall penetrations is found at page 16 and following.  And there on page 17 it says,


 (More)