Halifax Condominium Corporation #92 v. Abbott

Halifax Condominium Corporation #92 v. Abbott

The Condominium Declaration imposes objective liability for failure to repair: where an owner's failure to repair a unit causes damage to another unit the corporation may perform repairs and recover the reasonable cost from the owner without requiring a finding of negligence; legal fees incurred before initiating the small claims proceeding are recoverable in a limited assessed amount, but solicitor fees for court representation after issuance are not recoverable under s.15(2) of the Small Claims Court Regulations.

Citation
2012 NSSM 64
Parties
Claimant: Halifax Condominium Corporation #92; Defendant: Barry Abbott; Defendant: Joanne Abbott
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 December 2012
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant Halifax Condominium Corporation #92; Defendants Barry Abbott and Joanne Abbott liable to reimburse the Corporation.
Legal Topics
Failure to Repair, Strict Liability Vs Negligence, Recovery of Repair Costs by Condominium Corporation, Award of Legal Costs in Small Claims, Prejudgment Interest
Source Language
English
Condominium Law Property Law Tort Negligence Contract Law Civil Procedure Small Claims Failure to Repair Strict Liability Vs Negligence Recovery of Repair Costs by Condominium Corporation +2 more

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Parties

Halifax Condominium Corporation #92

Claimant

Barry Abbott

Defendant

Joanne Abbott

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the unit owners were negligent in relation to the leaking hot water tank
  2. 2 Whether the Condominium Declaration and Act permit the corporation to perform repairs and recover costs from the owner irrespective of negligence
  3. 3 Whether an adverse inference from failure to testify supplies proof of negligence

Ratio Decidendi

The Condominium Declaration imposes objective liability for failure to repair: where an owner's failure to repair a unit causes damage to another unit the corporation may perform repairs and recover the reasonable cost from the owner without requiring a finding of negligence; legal fees incurred before initiating the small claims proceeding are recoverable in a limited assessed amount, but solicitor fees for court representation after issuance are not recoverable under s.15(2) of the Small Claims Court Regulations.

Court Disposition

Judgment for Claimant Halifax Condominium Corporation #92; Defendants Barry Abbott and Joanne Abbott liable to reimburse the Corporation.

Orders

  • Defendants to pay cost of repairs to unit 104: $9,687.47 CAD
  • Defendants to pay prejudgment interest: $242.18 CAD