Part 41 published on 01/02/13
Owner responsible for strata corporation’s insurance deductible in relation to fire damage
The owner’s unit was damaged by fire. The fire occurred because the owner’s tenant had left a lit candle unattended. The resulting damage to common property was covered by the strata corporation’s insurance, subject to a $2,500 deductible. The Court held that the owner was “responsible” for the deductible within the meaning of section 158(2) of the Strata Property Act. The Court said: “the strata corporation is not required to prove that an owner was negligent in order to rely on the provisions of s.158(2)”. “While I appreciate Ms. Morrison had no control over the candle, the owner is responsible for what occurs within their unit.” “…it would be unfair to impose liability on all owners for what would ordinarily be insured by an owner of a particular unit it that owner owned the unit as a single family dwelling.”