Part 42 published on 01/05/13
Owner responsible for water damage from owner’s leaking water tank
An owner’s water tank had failed (Unit 204), with resulting leakage into the unit below (Unit 104). The damage to Unit 104 was over $9,000. The damage was not covered by the property insurance policy of the owner of Unit 104. After a period of delay, the condominium corporation carried out the required repairs to Unit 104 (on behalf of that owner). The condominium corporation then sued the owner of Unit 204, for recovery of the repair costs.
The corporation was successful. The Court said, firstly, that the corporation had the authority to carry out the repairs and to seek recovery from the owner of Unit 204. The Court then found that the owner of Unit 204 had not been negligent. The Court said: “In my view, it is a stretch to conclude that the failure of the Defendants to have their hot water tank inspected for at least three years previous to the leak breaches any objective standard of care.” However, the Court said that the owner of Unit 204 was nevertheless liable for the damage because the owner was strictly liable to immediately repair the leaking water tank (and thereby stop the leak). The owner of Unit 204 (or the owner’s tenant) had failed to take steps to immediately fix the leak, and the damage resulted from the delay in stopping the leak.