Canadian Tort Law

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Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence. In 1972, Bird Construction Company Limited entered into a contract with Tuxedo Properties Company Limited of Winnipeg. Bird Construction was the general contractor responsible for building a 15-storey apartment building using the plans designed by Smith Carter Partners, the architects who also had a contractual agreement with Tuxedo Properties (Herschorn, 1996, p. 109). Bird Construction then subcontracted the masonry work to Kornovski & Keller Masonry Limited. The project was completed in 1974. Subsequently, in 1978, Winnipeg Condominium Corporation assumed title of the building and converted the apartments to condominiums (see Figure 1). In 1982, Winnipeg Condominium discovered issues with the Tyndal stone on the outside of the building. After consultation, they did some remedial work in an attempt to correct the problem. However, in 1989 a large section of the stone fell off the building from the ninth storey. Winnipeg Condominium then replaced the entire exterior at a cost of over $1.5 million (Herschorn, 1996, p. 110). In 1990, Winnipeg Condominium proceeded to take legal action against Bird Construction, the general contractor; Smith Carter Partners, the architects; and the masonry firm of Kornov... ... middle of paper ... ...rom http://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDEQFjAB&url=http%3A%2F%2Fwww.ubclss.org%2FCANs%2FSimon%2520Lin%2520-%2520Torts%2520-%2520Term%25201%2520Long%2520CAN.docx&ei=RNc1U5fCJZCFyQGfwoH4Cg&usg=AFQjCNGdymQlHVWbM2Uk1JqG1LBxIMe2CA&sig2=oOneFlVt8fBbrUQ1tqb4lw MacEwing, J. M. (October 25, 2005). Making Sense of the Recent Case Law. Jenkins Marzban Logan LLP. Retrieved from http://www.jml.ca/wp-content/uploads/publications/Making-Sense-of-the-Recent-Case-Law.pdf Ron Engineering & Construction Eastern Ltd. v. The Queen in Right of Ontario et al. 24 O.R. (2d) 332, 98 D.L.R. (3d) 548. (May 23, 1979). Retrieved from http://www.canlii.org/en/on/onca/doc/1979/1979canlii67/1979canlii67.html The Queen (Ont.) v. Ron Engineering, S.C.R. 111 (January 27, 1981). Retrieved from http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2504/index.do

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