11. The lower-most floor of the applicant’s strata lot is a basement, which has a history of water ingress incidents in 2006, 2009, 2011, 2012, 2013 and 2016. The causes of the 2006 through 2013 incidents are not clear. However, in Rosenthal v. The Owners, Strata Plan VR 46, 2019 BCCRT 143, another tribunal member found that the 2016 water incident was caused by shifted drain tiles and that the strata had not met its duty to maintain the CP drainage system.
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