Leaky fridge leaves B.C. condo-buyer owing $100K before he moves in
A leaky fridge has left a B.C. condo owner on the hook for a painful $100,000 insurance deductible, despite his argument that the damage happened before he moved into the unit.
Zhicheng Shen’s new strata covered the deductible after the fridge sprung a leak in April 2021, but wanted to be reimbursed – and when Shen did not comply, the strata took him to the province's small claims tribunal.
While the B.C. Civil Resolution Tribunal normally only deals with claims of up to $5,000, there is no such limit when it comes to disputes involving strata properties.
Water from the refrigerator caused "significant damage" to neighbouring units and common property in the 29-storey building in Vancouver’s West End, tribunal vice-chair J. Garth Cambrey wrote in his decision, which was published online last week.
It's unclear how much damage the leak caused in total – the tribunal only heard that it exceeded the strata's insurance deductible.
Cambrey found the problem was likely caused by a faulty repair job, quoting an email from the strata’s plumber reporting water dripping from an “improper seal” in the freezer.
“It took me a bit of work but I managed to get it open, it was definitely not installed properly. I found the freezer full of ice and water. Looks like the ice maker was making ice and it was melting then leaking out,” the plumber wrote.
While Shen hadn't moved into the unit at the time, the tribunal heard he had complained the appliance wasn't making ice and requested a repair, which was handled by a technician from the manufacturer.
"This is undisputed and aligns with Mr. Shen's emails in evidence,” Cambrey wrote.
The condo owner also argued he shouldn’t have to cover the strata's deductible because the fridge was under warranty by the building's owner-developer, who is not named in the dispute.
Cambrey disagreed, finding Shen was still responsible for the fridge's maintenance under the strata's bylaws. B.C.'s Strata Property Act allows stratas to seek repair costs associated with bylaw violations from the owners who violated them.
"It does not matter that there may have been a warranty in place," Cambrey wrote.
While the tribunal ordered Shen to reimburse the strata's $100,000 deductible, plus more than $1,100 in pre-judgment interest, Cambrey also noted nothing in his decision prevents the condo owner from "pursuing a claim against the warranty provider or appliance manufacturer."
That would have to be done in court, Cambrey said.
CTVNews.ca Top Stories
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
B.C. theatre to pay $55K to neurodivergent actor in discrimination case
British Columbia's human rights tribunal has awarded a neurodigergent actor, who was diagnosed with sensory and learning disorders, more than $55,000 after finding that a Kelowna theatre company discriminated against him because of his disabilities.
Who's responsible for regulating cannabis stores operating under the sovereignty banner?
It's not quite clear who is supposed to be regulating so-called sovereign cannabis stores or even ensure they're benefiting Indigenous communities.