In Bowes v. Edmonton (City), 2007 ABCA 347, the municipality was sued in negligence for issuing construction permits on land that collapsed two decades later. The plaintiffs argued the city was in breach of ongoing duties to warn which continued up to the time the harm was suffered and therefore that the 10-year ultimate limitation period did not apply. The court rejected the argument, observing "to regard every ancient failure to warn as occurring every day would be a fiction destroying all limitation periods". It also suggested that if such was permitted, "then most cases of delayed harm from a tort could be dressed up as failures to warn with no limitation period". The proposition was soundly rejected.
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