Is a strata entitled to refuse to pay for a temporary boiler?
British Columbia, Canada
The following excerpt is from Apex Steel & Gas Ltd. v. The Owners, Strata Plan VIS6704, 2021 BCCRT 153 (CanLII):
27. Even if it was, the strata failed to explain why it did not respond to Apex the week following the temporary boiler’s installation. Apex may have been able to address the leak and get the temporary boiler to work, although it is impossible to know since the strata never gave it the opportunity. I find that the strata had an obligation to let Apex try to fix any problem. I find that its failure to do so means that it was not entitled to refuse to pay for the temporary boiler (see Lind v. Storey, 2021 BCPC 2).
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