Kamloops (City) V. Nielsen - Issues

Issues

Under statute, the city had a discretion whether to inspect construction. The city argued that it could not be liable for exercising that discretion. The statute also fixed a limitation period in which a plaintiff could sue the city, and the city argued the limitation period had expired. Finally, the city argued that the damages sought were considered to be “pure economic loss”, which at law were generally not recoverable.

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