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ARTICLE · 13 JULY 2023

Extending The Limitation Period: When Does An Action Warrant Proceeding?

Field Law
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Real estate developments can be an exciting business opportunity and new homes are much sought-after by purchasers, but when things go wrong with the build, issues can drag on for years.

CanadaReal Estate and Construction
Erin Berney
Erin Berney
Catherine Ford
Catherine Ford
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Real estate developments can be an exciting business opportunity and new homes are much sought-after by purchasers, but when things go wrong with the build, issues can drag on for years. Maintaining an accurate record of who is responsible for what is key to resolving potential disputes, as one condo board found in the recent case of Condominium Corporation No 062 1161 v Park Place Communities Ltd, 2023 ABKB 373 (Park Place).

The developer in Park Place finished constructing a new condominium property in 2006, and the roof began leaking a short time after. From 2007 to 2012, the condo board and developer discussed the repair of the roof, and the developer continued to take steps to troubleshoot the issue. These efforts, however, were futile. Finally, in November 2012, the developer proposed to the condo board that they should share the cost of repairs 50-50. The condo board was not agreeable to this, and on April 30, 2013, the developer withdrew from the repair

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