The Condo Act requires condominium corporations to insure against damage to the common elements and (standard) units that is caused by major perils such as fire or water escape. Picture this: you come home from a long day at work, only to find your unit flooded because of a broken dishwasher tube. Fortunately, your condo
Our SUBL precedent has recently evolved. We have buttressed its existing strict liability insurance deductible provision by specifically defining circumstances where an owner is liable for a water leak, fire or other “act or omission” perils, in case the government proclaims the proposed amendments to s. 105 of the Condo Act.
The SUBL can be adjusted to protect the Corporation from incurring excessive insurance deductible amounts. We have also clarified the Corporation’s optional rights of inspection of various unit safety devices and hazards, including chargeback rights in s. 92 or s. 105 scenarios, as described below. Here are some of our SUBL improvements:
Lozano v. TSCC 1765 was one of our Top 10 cases for 2020 because it reaffirmed that a higher negligence threshold is not applicable for s.105 chargebacks. You can read a summary of the case in our newsletter, Condo Alert!, Winter 2020.
Lozano’s insurer (who paid the insurance deductible) appealed the 2020 decision, asking the Divisional Court to re-write s.105 of the Condo Act and adopt a “robust” negligence test for liability under that section. The court rejected this proposal and dismissed the appeal a few days ago. …