At a 3 story B.C. strata the common sewage drain’s 2019 sewage-backup of unknown cause, escaped through 2nd floor owner Sandhu’s improperly seated toilet. ( Mis-installation or uneven floor compromised the wobbly toilet's wax seal ? )
B.C. Tribunal holds his blameworthiness - attracting master insurance policy's $ 10 K deductible - was NOT CAUSING the sewage backup. Apparently was for failing to contain it.
Would he have escaped blameworthiness if a system deficiency - or some other strata owner's act - had been identified as the cause of the backup itself ? Sorta shaky.
xcrptd ( C.R. Tribunal ):
" . . . 26. . . . I find that while the unit 217 toilet was not the cause of the pipe blockage, it was the cause of the sewage leak into unit 217 and the other strata lot. . . ." - unquote
Sandhu v. The Owners, Strata Plan LMS 1148 2020 BCCRT 325 issued March 23/20
http://canlii.ca/t/j60csMarch 24/20 Georgia Straight
“Condo owner dinged $10,000 for improperly seated toilet that caused B.C. strata sewage leak” by Carlito Pablo
https://www.straight.com/news/1375696/condo-owner-dinged-10000-improperly-seated-toilet-caused-bc-
strata-sewage-leak