07/06/13 – Jurisdiction Saskatchewan
Part 32 published on 01/11/10
Owner responsible for corporation’s deductible in relation to insured loss
Part 32 published on 01/11/10
Owner responsible for corporation’s deductible in relation to insured loss
- The owner was responsible under section 65 of the Condominium Property Act, 1993, for the portion of the deductible relating to the damage to her own unit, because that damage resulted from the owner’s act or omission. An “act or omission” does not necessarily require negligence. The Court said: Whether an owner ought to be legally responsible for damage caused by their act or omission depends upon the facts of each case.
Furthermore, an owner’s “act or omission” can include an act or omission of someone other han the owner (in this case, the owner’s father) who was acting with authority from the owner.
2. The owner was responsible, under the corporation’s by-laws, for the portion of the deductible relating to the damage outside the owner’s unit.