What is the test for determining whether a building code requirement has not been met?
British Columbia, Canada
The following excerpt is from Khaira v. Nelson, 2002 BCSC 1045 (CanLII):
In that case his Lordship went on to consider various cases where building code requirements had not been met. Those cases are of course distinguishable from the case at bar because as noted by Errico J. in Jakubke v. Sussex Group (1993), 31 R.P.R. (2nd) 193 (B.C.S.C.) where his Lordship concluded that non-conformity with height requirements in the building code was a latent defect because “. . . the defect was not one that arose by necessary implication from something visible to the eye.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any difference between whether the right of way is actually required for railway purposes and whether it is determinable at the sole will of the Indian Community Fund? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether there is evidence of ongoing or recent use of the subject building contrary to the zoning by-law? (British Columbia, Canada)
What is the standard of care required for a professional to be considered in determining whether a professional met the requisite standard for care? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
Does common sense apply to determine whether care is required even in the absence of medical evidence? (British Columbia, Canada)
What is the test for a jury to determine whether a medical malpractice case will require a scientific investigation? (British Columbia, Canada)
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
