What is the test for unreasonable delay in effecting repairs to a home?

Nova Scotia, Canada


The following excerpt is from Levy v. Elmer Lohnes Lumbering Ltd., 2004 NSSC 172 (CanLII):

As noted by Justice Saunders as he then was, in Stroddart v. Atwell Enterprises Ltd, [1991] N.S.J. No. 332, the issue is whether there is evidence suggesting unusual delay in effecting the repairs such that increased costs should not be born by the wrong doer. In order to determine whether there has been such unreasonable delay it must first be decided when the owner would have been on notice, or should have been on notice, that measures were required to deal with the deteriorating conditions in order to prevent further and additional loss. Clearly, that would not have been the case when the first leaks were discovered but clearly would have occurred on or prior to the letter in September 2001 that was addressed to the contractor which outlined a series of problems involving siding issues and other deficiencies. There is no evidence of impecuniousity.

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