The appellant condominium corporation sought to appeal a Master's order denying leave to amend its statement of claim to add a structural engineering firm as a defendant.
The Master found the claim was statute-barred.
The Divisional Court dismissed the appeal, finding that the appellant knew of the water leakage issues and the engineering firm's involvement in the waterproofing design more than two years before seeking to add them to the action.
The court affirmed that certainty of liability is not required to trigger the limitation period, only prima facie grounds to infer responsibility.
