Does the phrase “causes damage beyond reasonable wear and tear” apply to a strata?

British Columbia, Canada


The following excerpt is from The Owners, Strata Plan KAS 2789 v. Pye, 2022 BCCRT 220 (CanLII):

32. The court has found that the phrase “causes damage beyond reasonable wear and tear” sets a threshold of liability that is lower than negligence. Therefore, the strata is not required to prove negligence. See The Owners of Strata Plan LMS 2835 v. Mari, 2007 BCSC 740.

Other Questions


Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
Can a strata corporation be liable to an owner for damage caused to the strata lot? (British Columbia, Canada)
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type? (British Columbia, Canada)
Does s. 118(a) of the Statutory Guidelines for "reasonable legal costs" apply to a strata corporation in registering and enforcing a lien against a delinquent unit owner? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back? (British Columbia, Canada)
What is the test for a strata to prove negligence against a party who causes damage to its property? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.