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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I have a rental condo in Vancouver. The condo is 6 years

Customer Question

I have a rental condo in Vancouver. The condo is 6 years old. There was an engineering report done in July 2013 and it was discovered that the building envelope has failed and needs to be replaced at a cost of $4.2 million dollars. There are 100 units in the building. A claim was filed with the insurer before the expiry date of the warranty. The warranty coverage for structural defects is 10 years. The insurer has offered either partial remediation, or if the owners want full remediation, they say they will only cover 30%. The lawyers for the strata advised that a civil suit against the insurance company and the developer, who now operates under a different name, as the lawyers feel it is not cost effective to the owners to accept the partial remediation nor the 30% cost coverage.
The lawsuit has been filed and the strata is gathering documents from the owners for any correspondence between individual units, the insurer and the developer.
My question is, how long could such a lawsuit take, and if the building is left unattended till the lawsuit is settled, could not the courts force a remediation to prevent further damage?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Did you post on this site about this question before?

I have heard this fact situation already and would like to refer to my previous answers if it was you that I was helping.

Customer: replied 1 year ago.
No I have not asked this here before
Expert:  Legal Ease replied 1 year ago.

It must have been another unit owner.

In most cases a lawsuit, especially of this magnitude can take years to get to trial. But if there is an urgent situation, such as where there could be irreparable harm then the lawyers can act on an emergency basis and seek an order such as the one you are asking about to ensure the building is safeguarded.

I suggest that whomever is instructing the lawyer should ask about this and point out that there is a duty to mitigate damages and as well there may be a need for such an emergency order or the damages may become exponentially higher.

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