Liability First, Repairs Later: Case Comment On Murray v. Windsor Brunello

Introduction

In Murray v Windsor Brunello Ltd, 2024 ABKB 281 ("Murray"), the Alberta Court of King's Bench ruled that the home owners' decision to hold off on beginning remediation work to their residence until liability was determined, was reasonable in the circumstances.¹ In determining whether the owner failed to mitigate its damages in the context of remediation work, the courts will consider the nature, significance, and timing of the remediation work. If the nature of the remediation work is significant, complex, and time consuming, a strong case can be made that there was no failure to mitigate on the owner's part and their damages award should not be reduced.

Background