A recent Ontario Superior Court decision has highlighted the significant financial risk faced by condominium owners when plumbing issues arise. In Mississauga, a routine plumbing problem at a condominium on Trailwood Drive led to damages totaling $42,233.47, all stemming from a $5 toilet flapper failure. The unit, owned by Siridewa Abeygunasekara and Nimala Perera and rented out to tenants, experienced an overflow on January 20, 2022.<\/p>\n
Water damage spread to adjacent units and common areas due to a broken shut-off valve, which prevented the immediate cessation of water flow. When the building superintendent arrived, he had to shut off the water supply to the entire unit using a special key, a process that delayed damage control. The condominium corporation’s insurance deductible was $50,000, forcing the owners to cover the entire damage bill. The owners contested the lien placed on their unit, arguing the superintendent’s testimony should not be admissible.<\/p>\n
However, the court upheld the lien, emphasizing that under Ontario’s Condominium Act, negligence need not be proven for owners to be liable for damage caused by their unit or tenants.<\/p>\n
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