28/08/2017 – Jurisdiction British Columbia
Part 59 published on 01/09/2017
Strata corporation had failed, until 2015, to take reasonable steps to resolve water quality problems
Hot water supplied to the Plaintiffs’ unit was not of acceptable quality. It was grossly discoloured and contained excessive heavy metal concentration. There was no health risk, because the water could be made potable by flushing the lines. Even so, the Court said that “no strata owner anywhere in Canada would reasonably be expected to accept water of such deficient quality without complaint”.
For a period of six years, prior to 2015, the strata corporation had not met its obligation to take reasonable steps to try to solve the problem. The Court said:
It is quite evident from the above recitation of the facts that the defendant’s attempts to address the plaintiffs’ complaints between 2009 and 2015 were a mixture of inadequate investigation, half-measures in implementing recommendations, inadequate follow-up to determine the efficacy of the steps that were taken, and a lack of continuity in retaining qualified outside help.
However, the strata corporation did take reasonable steps to try to resolve the problem beginning in 2015. As at the date of trial, it wasn’t clear that the problem had yet been finally resolved. Further steps still might be required. However, the Court declined to issue a mandatory injunction (ordering that the strata corporation resolve the problem). The Court said:
The court cannot simply order the defendant to “fix the problem”, because the defendant’s duty of repair is not absolute. It is bounded by considerations of reasonableness, and what additional steps if any may reasonably be required cannot be determined at present.
Due to the strata corporation’s delay in taking proper hold of the matter, the Court ordered the strata corporation to pay the plaintiffs “jointly the sum of $15,000”.
