21/08/2017 – Jurisdiction Ontario
Part 59 published on 01/09/2017
Appeal Court orders new trial. Owner may have caused drain blockage
The Small Claims Court held in favour of the owner. In particular, the Small Claims Court had ordered the condominium corporation to repay, to the owner, costs incurred by the condominium corporation (and paid by the owner) as a result of a drain back-up. The Small Claims Court had reached its decision because the Court wasn’t satisfied that the blockage was “definitively” from the owner’s unit. On appeal, the Divisional Court overturned the decision and ordered a new trial. The Divisional Court said that the Small Claims Court had not applied the proper test in determining liability. The Divisional Court said that it was the owner’s obligation (as plaintiff) to prove that it was “more likely than not” that the drain blockage was not the result of activities in his unit.
