In this action the plaintiffs unsuccessfully sought to certify a class action against the federal and provincial governments, and the Canada Mortgage and Housing Corporation, for claims arising in the British Columbia “leaky condo crisis”. The plaintiff’s central contentions were: (a) the Province had been negligent in enacting the BC building code; (b) the National Research Council (“NRC”) had been negligent in drafting the National Building Code (“NBC”), on which the BC code was based; and (c) CMHC had, by requiring the NBC be adhered to before insuring mortgage loans, represented to purchaser that the buildings would be structurally sound.

type Case Comment - Kimpton v. British Columbia (Attorney General), 2002 BCSC 1645