1 total
A summary judgment motion was dismissed due to a triable issue regarding defect discoverability.
The plaintiffs purchased a home in 2008 that subsequently experienced significant water infiltration problems.
They sued multiple parties, including the original builders and The Corporation of The Township of Clearview, alleging negligent construction and failure to inspect/enforce the Building Code.
Clearview Township brought a motion for summary judgment, arguing the action against it was statute-barred by the Limitations Act, 2002.
The court dismissed Clearview's motion, finding that the plaintiffs had raised a triable issue regarding the discoverability of the latent structural defect, as they had reasonably relied on various professionals who did not identify a structural defect until an engineer's report in May 2015.
