What is the test for a strata to prove negligence against an owner who causes damage to its property?
British Columbia, Canada
The following excerpt is from Cuthbertson v. The Owners, Strata Plan LMS 1023, 2020 BCCRT 472 (CanLII):
27. To prove negligence, the strata must show that the owner owed it a duty of care, the owner breached the standard of care, the strata sustained damage, and the damage was caused by the owner’s breach: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 at paragraph 33.
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