07/06/2022 – Jurisdiction Alberta
Part 78 published on 01/06/2022
Appeal Court confirms Master’s order that a window be replaced
The lower Court (Master) had ordered the condominium corporation to replace a window and also awarded damages to the owner for the condominium corporation’s “improper conduct”.
The condominium corporation appealed. The Master’s order was upheld on appeal. The Appeal Court said:
Up until 2018, the Board was entitled to rely on the reports from November 2017, which indicated that the problem had been resolved and the windows did not need to be replaced until 2019. However, when it was clear the window was still leaking, the Board had an obligation to investigate the problem and to repair the leak. The subsequent engineering reports do not show due diligence on the part of the Board, given that the reports did not address the issue of the leaking on the east wall and did not include an interior inspection. In other words, they did not address the issue of the continued leak.
…
General damages are by their very nature somewhat arbitrary. If they are fair and reasonable, they will be upheld. The amount awarded in this case for Ms. Lauder’s stress and inconvenience from living in a unit which leaked for a considerable period of time is quite modest: $5000.00. The basis for making the award was substantiated on the evidence before Master Robertson and on the evidence before me, and I see no reason to disturb it.