Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#19108
Strata owner's first leak NOT negligent : Tribunal rejects direct claim against upperfloor owner 2020/07/16 18:19  
Not legal advice,as usual.

Unless a jurisdiction allows strata master insurance and deductible by-laws to override common law presumptions, a victim of non-negligent damage from another unit would be smart to have her own ( complementary and adequate ) insurance coverage. And even an innocent victim might have to suck up a deductible shortfall attempted claimed directly from the owner of the source unit. That's after unsuccessfully suing the owner of the "source" strata unit above.

Outside the strata universe the first leak otherwise may NOT be negligent. There's a difference between the first ever toilet leak from above, and having a couple of drinks while letting a stoppered bathtub fill up with water . . .

And then there's trying to argue that a strata corporation that refuses to submit a claim for otherwise insured unit loss under a master policy , should suck up the costs to repair the damaged unit component ( not clear here ) . . .

( The Tribunal adjudicator ambiguously cites that :

" . . . .12. The ( strata council’s Board ) minutes state that this is an “uninsured claim” because the damage was below the strata’s $10,000.00 deductible. . . . . . Ms. Duan does not argue she has a claim against the strata corporation. Ms. Duan says that Ms. Guan is responsible for the leak because it came from her strata lot.

13. Reviewing the bylaws, there is no bylaw which makes owners responsible for water escaping their strata lot.

Therefore, although not specifically framed as such, I find that Ms. Duan’s claim is one of nuisance or negligence in common law. I requested the parties make submissions on negligence and nuisance and have considered their submissions in my decision.. . .” )

( Ontario's Condo Act 1998 amendments will make a unit owner liable for deductibles under the master policy for insured but blameworthy damage anywhere. Unanswered ! is arguably what should become of post-May 2001 master deductible by-laws where purporting to hit source owners for deductibles after NON-blameworthy damage eg to create strict or absolute liability even where damage is NOT otherwise negligent.

But this is an informal B.C. situation, not Ontario of course )

Duan v. Guan, 2020 BCCRT 749 http://canlii.ca/t/j8hcl

July 15/20 Canadian Underwriter “What happened when this strata unit owner got sued over toilet supply leak” by Greg Meckbach https://www.canadianunderwriter.ca/insurance/what-happened-when-this-strata-unit-owner-got-sued- over-toilet-supply-leak-1004194504/
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster