Clogged toilet lands BC strata tenant in small claims court

A tenant living in a strata building in BC has been ordered to cough up over $1,000 after her toilet overflowed damaging the unit below.

John Meier lived below fellow Rositta Dietz and her toilet overflowed causing $80,000 worth in damages to Meier’s apartment and forced him to relocate for five months, according to a BC Civil Resolution Tribunal decision published, Aug. 18. The decision doesn't say where in BC the strata building was located.

Fortunately for Meier, the damages were covered by his insurance.

However, at the tribunal hearing Meier demanded his neighbour pay the $1,000 deductible claiming she “negligently clogged the toilet.”

After examining the evidence, the adjudicator found that Dietz had breached a neighbour’s duty of care, which would have required her to monitor the toilet after flushing.

The adjudicator ordered Dietz to pay the $1,000 deductible, and a further $169.88 in interest and tribunal fees.

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