What is the limitation period for a plaintiff in a construction or inspection case?

British Columbia, Canada


The following excerpt is from 410727 B.C. Ltd. v. Dayhu Investments Ltd., 2004 BCCA 379 (CanLII):

For Limitation Act purposes, however, the law remains unchanged with respect to when a cause of action arises: once a breach of duty has occurred and a deprivation or "damage" to the plaintiff has accrued, he or she is entitled to sue for compensation, or "damages". In cases of negligent construction or inspection, unlike most instances of physical injury, the deprivation or damage (i.e., the defect in construction) may remain concealed for many years. Yet at common law (at least as it existed prior to Kamloops v. Nielsen, supra), time would normally begin to toll for limitation purposes from the date of construction.

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