Part 56 published on 01/11/16
Owner responsible for deductible in relation to water escape damage
The owner’s toilet backed up and overflowed, resulting in water damage of approximately $50,000 to two suites. The corporation’s insurance covered the water damage, subject to a $10,000 deductible. The corporation also spent about $1,000 for a plumber to attend and resolve the flooding issue; and also incurred extra property management and other costs.
The Court held that the owner was responsible for the damage, and accordingly was responsible for the corporation’s deductible and other expenses. The Court also said:
The Strata does not need to establish negligence on behalf of the owner. They need only establish responsibility.
Pursuant to rule 20 (5), the Court also imposed a cost penalty against the owner in the amount of $1,325.00 being 10% of the total judgement, because of the owner’s unfounded allegations of fraud and dishonesty against the strata corporation, some of its council members, the plumbing company, the restoration company and the property management company.
