B.C.’s Civil Resolution Tribunal has ordered a person whose bathtub overflowed to pay damages to their downstairs neighbour.
Tribunal member Douglas Merchant said in an that Cyril Lau owns a strata lot directly below Kim Hoe Beh's unit.
Lau claimed Beh negligently allowed their bathtub to overflow, causing damage to his suite Dec. 7, 2021.
Lau claimed $1,694.74 for repair costs.
Beh denied owing Lau anything because Lau had the repairs done without involving Beh or allowing Beh’s contractors to do the repairs.
Beh estimated the repairs were only $200 to $300.
Merchant said the strata hired a restoration company that found the water’s source was an overflowing bathtub in Beh’s unit. He noted Beh did not dispute that this is what caused the water overflow and subsequent damage to Lau’s unit.
The restoration company prepared a repair estimate for the damage in the amount of $1,671.
Lau said he attempted to contact Beh through mail and email several times without success.
Eventually, he went ahead and had the repairs done in April 2022 and provided in evidence the $1,694.72 invoice for the repairs.
Merchant said evidence included a letter from the strata corporation to Lau saying damages would not be covered by the strata corporation’s insurance.
As such, Merchant found Beh was liable for the water damage and ordered Beh to pay the repair costs.
