Does the Strata have to establish negligence on behalf of the owner of a suite?
British Columbia, Canada
The following excerpt is from Strata Plan VR360 v. Jauhar, 2016 BCPC 238 (CanLII):
The Strata does not need to establish negligence on behalf of the owner. They need only establish responsibility: (see Mari v. LMS 2835, 2007 BCSC 740 at paras. 112-12.) It is trite that the toilet in the defendant’s suite from which the water escaped is part of their strata lot and for which they are responsible.
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