Can a Developer Limit Its Liability For Construction Defects?

Lawyers representing strata lot purchasers in British Columbia have, to date, made considerable hay by emphasizing that the Real Estate Development Marketing Act (British Columbia) is "consumer protection" legislation to be interpreted in favour of purchasers. The bias in favour of the consumer has arguably lost some of its lustre in the past year or so (see, for example, the decision in Woo v. Onni, discussed here), but there is still concern that, when in doubt, the courts will invoke the consumer protection nature of the legislation to justify a decision in favour of the proverbial "little guy", even when the facts do not favour the purchaser.

Although courts must interpret consumer protection legislation with a view to protecting the public (a laudable goal), the courts in Ontario have proven themselves willing to stand on principle and decide in favour of developers, regardless of the consumer protection nature of the Condominium Act, 1998 (Ontario). For