Both the Plaintiff and the Defendant live in the same condominium. The Defendant lives in the unit above the Plaintiff’s unit. The Defendant’s washing machine was not properly connected in his unit which caused flooding in his unit and the Plaintiff’s unit. The condominium paid for the ceiling of the Plaintiff’s unit to be fixed, but the flooring was not covered through the condominium’s insurance so that was not paid for. Plaintiff commenced an action against the Defendant to get the flooring of his unit repaired.
The Defendant was unwilling to pay for the repairs of all of the flooring of the Plaintiff’s unit. The damage to the flooring was shown and it was proven through the law that the condominium was not responsible for paying for the damages to the floor. An agreement was not made by both parties at the settlement conference.
The Plaintiff had a strong case with evidence of the damage to the flooring as a result of the flooding from the Defendant’s unit. The Condominium Act also proved that the condominium was not responsible for paying for the repairs to the flooring of the Plaintiff’s unit. This evidence was given to the Defendant in the initial stages of the dispute and no response was given to the law which was provided.
When the matter was brought to a settlement conference, the Defendant was faced with the decision of paying for the damages to the floor in the Plaintiff’s unit in the amount of $5000. The Defendant refused to pay for the repairs to all of the Plaintiff’s unit. The matter went to trial and it was explained on a balance of probabilities that the flooring was damaged by water from the flooding in the Defendant’s unit. The water settled in the floor of the Plaintiff’s unit and warped the flooring.
To the Plaintiff’s satisfaction the judge agreed with the Plaintiff’s position. The Plaintiff was awarded legal fees, costs and disbursements, pre and post judgement interest and the damages in the amount of $10,000. The Defendant was ordered to pay the full amount to the Plaintiff.
Disclaimer:past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.