A lawsuit over alleged construction defects at a Victoria condo building is moving ahead after a BC Supreme Court judge rejected an attempt to have the case thrown out.
The architects involved in the project had argued the case should be dismissed over an undisclosed agreement tied to warranty repairs and receivership funds.
In a decision released May 14th, Justice Julie Gibson dismissed an application brought by Low Hammond Rowe Architects Inc. and architect Sid Chow.
The lawsuit was launched by the strata of a Victoria condominium building, which claims there were serious problems with the design and construction of the property.
According to the court ruling, alleged defects involved the parkade, windows, doors, balconies, walls, roof and exterior of the building.
The case includes claims against multiple companies connected to the project, including warranty providers Royal & Sun Alliance Insurance Company of Canada and WBI Home Warranty Ltd., along with the City of Victoria.
The architects argued the lawsuit should be stopped because an agreement tied to warranty repairs and receivership funds was not immediately shared with all parties involved in the case.
Justice Gibson disagreed, finding the agreement mostly repeated information that had already been disclosed through court documents and warranty records.
“The Agreement did little more than to re-state aspects of the legal landscape of this litigation that were already disclosed,” Gibson wrote in the ruling.
The judge also found the agreement did not significantly change the claims being made against the architects or other defendants.
The lawsuit over the alleged construction defects will now continue in court.
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