What is the applicable law governing responsibility for water damage between strata lot owners?
British Columbia, Canada
The following excerpt is from Yu v. Yang, 2022 BCCRT 119 (CanLII):
20. I find the applicable law governing responsibility for water damage between strata lot owners was accurately stated in in the non-binding but persuasive decision Zale et al v. Hodgins, 2019 BCCRT 466. That is, I find the applicant must prove the respondents are liable either under the law of negligence or the law of private nuisance.
21. A nuisance occurs when a person unreasonably interferes with the use or enjoyment of another person’s property. However, if the person is not aware of the problem that causes the interference, and has no reason to know about it, they will not be liable because they did not act unreasonably: see Theberge v. Zittlau, 2000 BCPC 225.
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