Part 53 published on 01/02/16
Court dismisses owner’s claims for damages due to alleged failures of strata corporation
The plaintiff strata lot owner asserted claims against the strata corporation for damages relating to deck repairs that the owner alleged were required or promised, but were not done or were done poorly. Among other alleged losses, the Plaintiff claimed:
- Lost profits and loss of business opportunity (in an amount over $900,000,000)
- Loss of rental income (in an amount over $200,000)
- Loss for collapsed sale of his unit (in an amount over $260,000)
- Non-pecuniary “loss for substandard housing” (in an amount of $45,000)
- Moving costs (in an amount of approximately $6,000)
- Cost to repair unit (in an amount over $40,000)
- Engineering fees (in an amount over $30,000)
All of the claims (including claims both for negligence and for breach of contract) were dismissed. The Court said:
Taking everything into account, I conclude the plaintiffs have failed to prove the defendant was negligent. I find the defendant met the standard of care with regard to all of the plaintiffs’ complaints.
…
Far from being a victim, I find that the evidence shows that Mr. Hirji has threatened, harassed, and taken any action he thought necessary to get what he wanted, with little regard for the impact he has had on reasonable people, most especially the 64 other owners in the complex. Rather than being unfair, I find that the defendant responded promptly, fairly, and diligently to all of Mr. Hirji’s complaints.