Richmond condo strata loses $100K claim against hoarder
A BC Civil Resolution Tribunal ruled that a unit owner was not responsible for a $100,000 insurance deductible from a 2022 pipe burst that damaged 37 other units.
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A Richmond condo owner will not have to pay a $100,000 insurance deductible sought by her strata after a major water leak damaged dozens of units, the BC Civil Resolution Tribunal recently ruled.
Yong Di Gu, who lived on the 13th floor of one of the strata's two buildings, was accused of causing a January 2022 pipe burst that flooded 37 strata lots and common property. The strata claimed the damage was covered by insurance but subject to a $100,000 deductible, which it paid.
The strata's case was complicated by the fact that Gu was a hoarder, and the accumulation of belongings in her unit made it initially impossible to determine the leak's exact source. To investigate, the strata had to arrange to move a large amount of Gu's personal property into rented storage pods.
The strata initially sought $209,000 from Gu—including the $100,000 deductible, $68,000 for unit improvements, $1,000 in bylaw fines, $30,000 for storage pod rental, and $10,000 for disposing of her belongings. It later reduced the total claim to $132,681.
The tribunal found that while the water leak did originate from a burst hot water heating pipe in Gu's unit, there was no evidence she caused it or acted negligently. The tribunal also found no proof she contravened any bylaws. Gu was ordered to pay only $126 for the locksmith fee required to access her unit; all other claims were denied.