26/11/14 – Jurisdiction Alberta
Part 49 published on 01/02/15
Appeal respecting tenant’s obligation to compensate landlord for deductible loss paid by landlord to condominium corporation
Part 49 published on 01/02/15
Appeal respecting tenant’s obligation to compensate landlord for deductible loss paid by landlord to condominium corporation
The tenant had caused a fire in the condominium apartment unit. As a result, under the terms of the condominium corporation’s by-laws, the landlord was obligated to pay to the condominium corporation the portion of the loss falling within the deductible on the corporation’s insurance policy. The landlord sought to recover that payment from the tenant.
However, the landlord had not provided proper proof of the amount of the deductible and the amount of the landlord’s loss. Therefore, the Court of Queen’s Bench ordered that the matter be returned to the Landlord and Tenant Dispute Resolution service for rehearing.