What is the test for successful negligence claims against a strata?

British Columbia, Canada


The following excerpt is from The Owners, Strata Plan NW 2243 v. Cole, 2018 BCCRT 823 (CanLII):

105. In order to be successful in an action for negligence, the owner must demonstrate that the strata owed a duty of care, that the strata’s behaviour breached the standard of care, that the owner sustained damage, and that the damage was caused by the strata’s breach of care (see Mustapha v. Culligan of Canada Ltd., 2008 SCC 27). As noted above, the standard of care owed by the strata is one of reasonableness. In determining whether the strata was negligent, I must consider what is reasonable in these circumstances. Again, the standard is not one of perfection.

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