Does a strata have to indemnify the owner for expenses arising from a water leak from a toilet in his strata lot?

23. In Strata Plan LMS 2446 v. Morrison, 2011 BCPC 519, the court held that an owner was not responsible for expenses flowing from a water leak from a toilet in his strata lot because the owner was not negligent. The strata’s bylaws required the owner to indemnify the strata for any expense rendered necessary “by the owner’s act, omission, negligence or carelessness”. The trial judge held that this language, which I find matches the Bylaw 3.23 language in this dispute, should be “read collectively and import a standard of negligence” (see paragraph 11).