This decision is extremely important for being one of the first “leaky condo” actions to go to trial and result in judgment. Riverwest is an 85 unit condominium project located on the Fraser River in the Municipality of Delta, BC. The project, built in 1990, employed a wood framed face sealed design. Within one year of completion, a number of the owners started complaining of water ponding on the balconies and decks and of water leaking into their units. In 1996, some of the owners noticed rot developing. To recover the costs of remediation, the Strata Corporation commenced action against the Municipality of Delta, the developer, the contractor and the architects involved in the design and construction of Riverwest.

type Case Comment - The Owners, Strata Plan NW 3341 v. Canlan Ice Sports Corp. Et Al., 2001 BCSC 1214