The Solarium

Known Issues (news/court)

[lawsuit_or_court - construction deficiencies / building envelope] The condo corporation's exterior sheathing system failed due to overall poor design of the wall system, prompting a 2008 lawsuit against the developer and builders; it later sought in 2011 to add the architect, HCI Architecture Inc., as a defendant, but the courts found it ought to have known of HCI's role by August 27, 2008, making the notice outside the Limitations Act's time limit, and the Court of Appeal dismissed the appeal from the refusal to allow the amendment. (2017-11-10); [lawsuit_or_court - construction deficiencies / building envelope] HCI Architecture sought summary dismissal of a 2012 claim as statute-barred, arguing the structural stud deficiencies were the same injury known since 2007's water ingress case. The court dismissed the application, finding water ingress and stud-related structural deficiencies were distinct injuries, the latter not discoverable until July 14, 2010, so the 2012 claim was timely. (2019-06-28); [lawsuit_or_court - construction deficiencies / building envelope] Condominium Corporation No. 0213028 (The Solarium), facing an estimated $6.8 million in repairs for water ingress and defective wall cladding/EIFS construction, applied to amend its statement of claim to add HCI Architecture Inc., Form 3 Designs Ltd., Excell Drywall & Insulation Inc. and a related partnership as defendants; the Court, applying the Limitations Act and Rule 3.74, allowed substitution of Form 3 Designs Ltd. for the wrongly named Form 3 Designs (2004) Ltd. but refused to add the other proposed defendants due to expired limitation periods, lack of imputed notice, non-existence at the relevant time, or the claim being hopeless and prejudicial. (2016-08-30); [lawsuit_or_court - construction deficiencies / building envelope] The condo corporation sought to correct an error in a prior decision regarding the filing date of its Statement of Claim (October 22, 2008, not October 8, 2008) in its building envelope defect lawsuit against the project architect, HCI Architecture Inc., alleging water penetration damage requiring repairs estimated at $1.7-$6.8 million. The Court corrected the date but confirmed the claim against HCI remained statute-barred under the Limitations Act, as the limitation period had begun well before October 21, 2008, so HCI was not added as a defendant, with no costs awarded. (2017-01-26)