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
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
BREAKING Ottawa public school board, 3 Toronto-area school boards launch lawsuit against social media giants
The Ottawa-Carleton District School Board and three school boards in the Toronto-area have launched legal action against social media giants, accusing them of "disrupting students' fundamental right to education."
Doctors visiting a Gaza hospital are stunned by the war's toll on Palestinian children
An international team of doctors visiting a hospital in central Gaza was prepared for the worst. But the gruesome impact Israel’s war against Hamas is having on Palestinian children still left them stunned.
Crypt near Marilyn Monroe and Hugh Hefner could fetch US$400,000 at auction
A one-space mausoleum crypt in the vicinity of Marilyn Monroe and Hugh Hefner will go on auction Saturday, when it is expected to reach between US$200,000 and $400,000.
This Toronto restaurant is no longer accepting tips. Here's how it's going
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff – tipping is no longer accepted.
A Nigerian woman reviewed some tomato puree online. Now she faces jail
A Nigerian woman who wrote an online review of a can of tomato puree is facing imprisonment after its manufacturer accused her of making a “malicious allegation” that damaged its business.
Premiers not being truthful about carbon tax, Trudeau says while sparks fly in Ottawa
Prime Minister Justin Trudeau says Conservative premiers across the country are 'not telling the truth' when it comes to the carbon tax. Trudeau's comments came as fresh sparks were flying in Ottawa at a recalled House of Commons committee.
Far North police 'dispatch' polar bear stalking schoolyard
Police and local hunters in an Ontario Far North First Nation community have “dispatched” a polar that was showing abnormal behaviour and treating the area as a hunting ground.
What new auto insurance reforms will mean for Ontarians, if they get introduced
Ontario has among the highest rates for auto insurance premiums in Canada -- just below Alberta and Nova Scotia -- however, the introduction of an insurance reform in the provincial budget could soon lower prices.