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ARTICLE · 26 MAY 2025

The Real Impact Of Delays On Evidence: When Time Erases Evidence In Complex Litigation

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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In complex disputes involving several defendants who participated in the construction of a building, time is rarely an ally.

CanadaLitigation, Mediation & Arbitration

In complex disputes involving several defendants who participated in the construction of a building, time is rarely an ally.

Consider a residential project built in the early 2000s. A decade after its construction, water infiltrations or cracks have been observed. Following several assessments by various professionals carried out over several months or even years, the findings made at an early stage suggest a plethora of potential errors by the various participants, whether in the design, execution, maintenance or even monitoring of the work.

The rest of the story is easy to guess. From this point on, legal proceedings are instituted against several defendants, including promoters, sellers, architects, engineers, contractors, subcontractors, and other professionals involved in the construction of the building in question.

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