Does a plaintiff have to replace all of the foundations of a house that was damaged in 1992, but were not replaced immediately after 1992?
Ontario, Canada
The following excerpt is from Alie v. Bertrand & Frere Construction Co. Ltd., 2002 CanLII 31835 (ON CA):
The trial judge also rejected the submission that because the foundations were not all immediately replaced in 1992, therefore the damage continued after that time. Although the visible deterioration may have progressed, the major defect requiring replacement of the foundations was full-blown by that time (at 153). The same argument was the subject of the decision in Home Insurance v. Landmark, 293 Cal. Rptr. 277 (Cal. App. 4 Dist, 1988) discussed below.
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