Historical Vancouver legal issues

Leaky condo claims

The City of Vancouver, in inspecting and approving plans and buildings, has no legal duty to ensure compliance with city by-laws and is exempted from liability.

In 1987, Vancouver Charter, S.B.C. 1953, c. 55, s. 294, was amended by adding subsection 8, which states:

294. Limitation of actions

(8) 

The city, or any officer or employee thereof, in inspecting and approving plans or in inspecting buildings, utilities, structures or other things requiring a permit for their construction, has no legal duty, on which a cause of action can be based, to ensure that plans, buildings, utilities, structures or other things so constructed, comply with the by-laws of the city or any other enactment. The city, or any officer or employee thereof is not liable for damages of any nature, including economic loss, sustained by any person as a result of neglect or failure of the city or officer or employee thereof to discover or detect contraventions of the by-laws of the city or other enactment or from the neglect or failure, for any reason or in any manner, to enforce such a by-law or enactment or for any damage from a failure to recommend, or resolve to file a notice in the land title office pursuant to section 336D.

(Last accessed from BC Laws - Act was current to February 12, 2020)

The amendment was made by An Act to Amend the Vancouver Charter, S.B.C. 1987, c. 52, s. 22, in force July 16, 1987.