Kayne v. The Owners, Strata Plan LMS 2374 (British Columbia Supreme Court)

The plaintiffs were previous owners and occupants of one of the strata units.  They asserted claims for damages resulting from water entry through the building envelope.  They asserted claims against the developer, and also against the strata corporation and the strata corporation’s engineers (for allegedly failing to stop the water penetration with reasonable haste).  All of the claims were dismissed.  The Court’s decision included the following: 

• The original construction was not negligent in that it met construction standards at the relevant time.
• The plaintiffs also had not met the requirements for recovery of pure economic loss from the developer, because there was no evidence that the deficiencies posed a “real and substantial danger” to persons or property.
• The strata corporation had met its statutory duties in that it had taken reasonable steps to repair the deficiencies with reasonable haste.  The Court said: 

On balance, I find that the Strata Corp. acted reasonably and prudently and in the best interests of all of the owners to find a solution as quickly as possible.  Again, perfection is not required, only reasonable action and fair regard for the interests of all concerned is necessary. 

• There was also no basis for a claim of nuisance against the strata corporation.
• There was no admissible evidence as to whether or not there was mould in the unit.