Resident deemed negligent as toilet overflows and damages suite below

A dispute between residents in a strata building made its way to the BC Civil Resolution Tribunal after an overflowing toilet caused damage to a suite below.

The dispute was between John Meier and Rositta Dietz, who lives above Meier.

A decision from the tribunal states that an overflowing toilet caused $80,000 in damage and forced Meier to relocate for five months. While Meier’s insurance covered the damage, he still had to pay a $1,000 deductible, which he wanted Dietz to cover.

In response, Dietz says there was no evidence to suggest she negligently clogged the toilet that impacted the strata unit below.

Was that true?

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What the flush happened?

On August 23, 2o21, a substantial water leak from Dietz’s bathroom caused significant damage to Meier’s strata lot. This is undisputed.

The main question the tribunal was trying to answer was whether or not the leak and subsequent damage were caused by negligence.

To determine what caused this blockage, a plumbing company dismantled drainage pipes accessed through Meier’s roof. Upon inspecting the pipes, they cleared out excessive paper and wipes.

In another case referenced in this tribunal decision, it is stated that someone was once deemed negligent not for causing a blockage but for standing by and not shutting the water off after the blockage occurred.

The evidence suggests the toilet overflowed after Dietz flushed it. Aside from paper and wipes, it was unclear what else had caused the blockage that made the toilet overflow. The plumbing company suggested that whatever it was had been lost down the drain.

“Given the toilet overflowed enough to cause extensive damage to Mr. Meier’s strata lot, I find that Ms. Dietz likely did not monitor the toilet after flushing. I, therefore, find that her conduct fell below the applicable standard of care and that she is liable for Mr. Meier’s deductible,” reads the tribunal decision.

Dietz was ordered to pay Meier $1,169.88, which included what she owed for the deductible and tribunal fees.