A condo toilet overflows.
When the owners got the bill, they refuse to pay claiming that they did nothing wrong.
Lozano v. TSCC No. 1765, 2020 ONSC
Ontario Superior Court of Justice
Heard: 29 June 2020
Justice J.E. Ferguson
The owners of a condo unit left the country for five months. During their absence, they had a relative, and then a friend, check on their unit every couple of weeks.
While they were away, a part broke in their toilet, which was not used during their absence. This caused the toilet to overflow and damage the unit below and the common elements.
Because the owner committed an “act or omission” which led to damages, the condo corporation charged the owners $5,473.63, the cost of the repairs.
The owners claimed that they did nothing wrong so they refused to pay. In response, the corporation registered a lien on their unit. Off to Superior Court they go.
The judge ruled that:
“This is not a case where the unit owners were negligent in their care and upkeep of the Unit. Rather, this is a case where the failure to retain a plumber who could make thorough repairs constitutes an omission for which the Lozanos must be held responsible. Further, while the Lozanos were conscientious in arranging family and friends to check on the Unit during their prolonged absence, it would have been additionally prudent to have shut off the water to the Unit during their trip. Doing so would presumably have mitigated against any damage of the kind suffered here and is reflective of the level of care and diligence that is expected of condominium owners.”
The high cost of going to court
So before going to court, the owners paid the condo corporation $10,022.33 to cover the repairs and to have the lien removed from their unit. They will also have to pay the corporation’s legal costs plus pay their own lawyer. (Costs will be determined by negotiation or, if the two sides cannot agree, by the judge.)
https://bit.ly/2R1VK3O
It is a good idea to turn off your kitchen and bathroom valves if you are going away for a vacation.
You need to understand that it is not the corporation’s responsibility to repair the plumbing that belongs to your suite. Toilet gaskets and parts, washing machine hoses, shower cartridges, shut-off valves and sink traps deteriorate over time.
It is a good idea to have all your plumbing checked by a licenced plumber every few years. The dishwasher, washing machine, shower cartridges and toilets should be inspected and your shut-off valves exercised.
—H. Marshall