What is the standard of care for the use of expert opinion in determining whether a strata has been breached?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan BCS 490 v. Feldstein, 2021 BCCRT 874 (CanLII):
28. I find expert opinion evidence is necessary in this case to determine whether the strata breached the standard of care because this subject matter is technical and outside the knowledge and experience of the ordinary person (See Bergen v. Guliker, 2015 BCCA 283). So, I have considered the expert engineering reports listed above. For the reasons discussed below, I find that the strata breached the standard of care.
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