How have the Respondents dealt with allegations that they failed to maintain their hot water tank?
British Columbia, Canada
The following excerpt is from Dong v. Lentsch, 2021 BCCRT 841 (CanLII):
16. The respondents did not address the applicants’ allegation that they failed to maintain their hot water tank. However, as noted above, it is the applicants who bear the burden of proving their claims. Expert evidence is generally required to prove the standard of care (see Bergen v. Guliker, 2015 BCCA 283). The applicants did not provide any evidence that the respondents failed to maintain their water tank or any expert evidence to support a finding that any alleged failure to maintain the water tank fell below the standard of care or caused the initial leak. There is no evidence about what caused the hot water tank to leak into the drain pan in the first place. The applicants did not address the respondents’ submissions that the drain pan should have addressed the leak, and it was the blocked drain within the strata’s common property that ultimately caused the drain pan to overflow, which then caused the water damage. There is no evidence that without the blocked drain, the hot water tank leak would have caused the water damage.
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