An addition to my April 17, 2011 article on the start of a limitation period for a negligent construction claim has been made due to a  recent decision by the Ontario Superior Court of Justice.

The principle in the Timminco case was recently adopted and applied by the Ontario Superior Court of Justice in Jagosky v. Corporation of the Town of Huntsville, 2010 ONSC 4590 (CanLII).  The Court held that “distinct construction deficiencies not discoverable by due diligence may give rise to separate causes of action”.