26/02/16 – Jurisdiction British Columbia
Part 54 published on 01/05/16
Owner responsible for water damage to another unit. However, no recovery of legal costs in Small Claims Court
Part 54 published on 01/05/16
Owner responsible for water damage to another unit. However, no recovery of legal costs in Small Claims Court
The owner of unit 202 had allowed water to leak from that unit, resulting in about $800 damage to the ceiling of unit 102. The Court held that the owner of unit 202 was liable for the damage. The Court noted that the damage was within the deductible on the corporation’s insurance “so this was not a case where the insurance company was involved”.
The strata corporation also sought recovery of its legal costs, based upon a provision in the corporation’s by-laws. However, the court held that “section 19 (4) of the Small Claims Act precludes this court from ordering that the claimant be reimbursed for its lawyer’s fees”.