10/12/2019 – Jurisdiction Saskatchewan
Part 69 published on 01/03/2020
Owner responsible for corporation’s deductible in relation to water damage
Water damage resulted from an omission on the part of the owner. The damage was covered by the corporation’s insurance, subject to a $2500.00 deductible. The Court held that the owner was responsible for the deductible. The Court said:
I conclude that damage was caused to units #301 and #201 when water escaped from an unattached condensate line located in the defendant’s unit #401. I conclude that this loss was caused by the defendant’s failure to ensure that the condensate line was properly attached. While that failure was not a negligent omission, it was nevertheless an omission on the defendant’s part. In consequence, the plaintiff was free, pursuant to section 65(6) of the (Condominium Property Act), to add the cost of the insurance deductible to the common expenses payable by the defendant. As the defendant has refused to pay that amount, I award the plaintiff $2,500.00 in damages.