11/09/13 – Jurisdiction British Columbia
Part 43 published on 01/09/13
Owner entitled to recover damages (caused by sewer back-up) due to strata corporation’s failure to maintain and repair waste water drains
Part 43 published on 01/09/13
Owner entitled to recover damages (caused by sewer back-up) due to strata corporation’s failure to maintain and repair waste water drains
The waste water drains in this high-rise strata property were undersized. This resulted in a back-up of waste water into the plaintiff’s unit when the plaintiff’s washing machine discharged into the waste water drain system.
The Court found that the strata corporation was liable for the resulting damage, due to its failure to upgrade the drainage system with reasonable haste (after learning of the problem). As a result, the strata corporation was obligated to pay to the owner:
a) The cost of carpet replacement (subject to a betterment credit for replacement of 19-year old carpets with new carpets);
b) The cost of mould remediation;
c) The cost of initial carpet cleaning.