03/07/2020 – Jurisdiction British Columbia
Part 71 published on 01/09/2020
Owner not liable for damage due to water escape from the owner’s unit
Water leaked from a toilet supply line in one of the units, causing damage to the unit below. The damage fell within the strata corporation’s deductible, and accordingly was not covered by the corporation’s insurance. The owner of the damaged unit sued the owner of the unit above for the cost to repair the damage.
The Tribunal held that the owner of the unit above was not responsible for the damage and dismissed the claim. The Tribunal held that the owner of the unit above could not have known or suspected that the toilet supply line might break or that it was in need of attention. Also, the leak was repaired as soon as it was discovered. In the circumstances, there was no negligence or nuisance.
Duan v. Guan – Civil Resolution Tribunal (BC case for Part 71) (1)