What is the test for a claim for negligence against a strata?
British Columbia, Canada
The following excerpt is from Rutkowski v. The Owners, Strata Plan BCS 3859, 2019 BCCRT 357 (CanLII):
32. To succeed in a claim for negligence, the applicant must prove each of the following on a balance of probabilities: a. The strata owed the owner a duty of care; b. The strata breached the standard of care; c. The owner sustained damage; and d. The damage was caused, in fact and in law, by the strata’s breach of the standard of care. (See Mustapha v. Culligan of Canada Ltd., 2008 SCC 27.)
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