Part 55 published on 01/09/16
Owner responsible for damage due to water escape from owner’s washing machine
Water escaped from the owner’s washing machine, causing damage to the unit below. The corporation repaired the damage and recovered the repair costs by lien against the owner’s unit. The owner sued for return of the lien amount – $16,599.68. The claim was dismissed. The Court held that the lien was registered “reasonably and in good faith”; and dismissed the owner’s claim.
[Editorial Note: I have two concerns about this decision: 1) There seems to have been no analysis of whether or not the owner negligently caused the damage. The fact that the owner’s washing machine was determined to be the source of the water does not necessarily mean that the owner was negligent; 2) There was also no discussion, in the decision, of insurance. If the damage (to the unit below) was damage to the standard unit, both owners would be entitled to the protection/coverage afforded by the condominium corporation’s insurance; and responsibility for any deductible portion of the loss would then depend upon section 105 of the Condominium Act and any “insurance deductibles by-law” of the corporation.]