The Importance Of Initial Fault For Parties To A Construction Project

In a decision rendered on February 11, 2020¹, the Superior Court reiterated the principle established by the Supreme Court of Canada, that between professionals and building contractors, liability ultimately rests solely with the party responsible for the initial fault.

In the present matter, a motion for dismissal was held by a building contractor against a professional and his insurers whom tried to force him to intervene in an action instituted by the developer. The facts can be summarised as follows:

The developer of a multi-residential project (the "Plaintiff"), duly represented by its lawyers and experts, filed an action against its architect and the architect's insurers (the "Defendants") for alleged errors and omissions in the design of balcony soffits (the "Claim").