In what circumstances will a plaintiff be able to sue for damages from a defective roof?
Manitoba, Canada
The following excerpt is from Winnipeg Condominium Corporation No. 613 v. Concord Projects Ltd., et al, 2014 MBQB 13 (CanLII):
In Vargo v. Canmore (Town), 2011 ABQB 649, after a thorough review of the leading authorities, Hawco J. stated the following at paragraph 68: 68 I am simply not satisfied that our Court of Appeal intended to require that a defective roof must not only be in danger of collapse but that it be in imminent danger of collapse before a plaintiff may take steps to ensure that the perceived danger does not result in actual harm to his family and others and be compensated for doing so.
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