What is the test for a plaintiff to recover damages from providers of architectural services?
British Columbia, Canada
The following excerpt is from O'Connor v. Fleck, 2000 BCSC 1147 (CanLII):
The plaintiff relies on Simkin v. Osburn (1998), 40 C.L.R. (2d)119 (B.C.S.C.). That case involved somewhat unique facts, in which the owner of property recovered damages from the providers of architectural services who had incurred significant cost over-runs in connection with the building of a retirement home for the plaintiff. The damages were based in negligence, not breach of contract, and were held to include financing charges on the mortgage the plaintiff had been required to take out to complete the project.
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