Browning v. Halifax Condominium Corporation No. 6 (Nova Scotia Small Claims Court)

Damage was caused to a unit in the condominium, as a result of water penetration over many years.  The condominium corporation had been aware of water penetration problems in various locations throughout the condominium, and was dealing with each of those problems on an individual basis, as permitted by the corporation’s budgeting constraints.  The condominium corporation had not investigated or developed a building-wide program to address all possible water penetration concerns.  Instead, the corporation had “worked within the confines of its budget and tried to establish reasonable priorities”.  The corporation was not aware of the specific water penetration problems affecting the unit in question, until the resulting damage had been uncovered.

The Court said that the governing documents rendered the unit owner responsible for repairs to the unit “after damage”, unless the repairs were “necessitated by the negligence of the corporation”.  The corporation was not strictly liable to ensure that the common elements were operating effectively.  The corporation’s obligation was to “respond reasonably to problems as they arise”, and “be alive to future problems in order to avoid preventable damage”.  The condominium corporation had met these obligations in this case.  There was no negligence, and therefore no liability, on the part of the condominium corporation.  The Court said: “there is no basis to say that the panic button ought to have been pushed and more urgent and expensive repairs undertaken.”