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
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
OPP responds to apparent video of officer supporting anti-Trudeau government protestors
The Ontario Provincial Police (OPP) says it's investigating an interaction between a uniformed officer and anti-Trudeau government protestors after a video circulated on social media.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.