Does a continuing trespass give rise to a continuing right to sue?
British Columbia, Canada
The following excerpt is from Vetro v. Strata Plan VR2546, 2008 BCPC 275 (CanLII):
In Austin v. Rescon Construction (1984) Ltd., [1987] B.C.J. No. 2035, Madam Justice Prowse considered a case where the claimant sued a developer who installed steel rods into the ground below his property as part of the shoring system used for a new building. Madam Justice Prowse noted that a continuing trespass gives rise to a continuing right to sue as long as the claim is made within the appropriate limitation period.
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