An incident in a B.C. strata parking garage led to a Civil Resolution Tribunal dispute, with the driver and homeowner involved claiming over $15,000 in damages.
According to the decision, the driver claimed that the gate malfunctioned, which in turn caused damage to his vehicle and the gate itself.
He claimed $15,080 for the cost to repair his vehicle, the gate, and out-of-pocket expenses.
In response, the strata told the B.C. tribunal that the applicant drove into the gate and that the strata adequately charged him for the damage. It also said he claimed his vehicle damage under insurance.
The strata in question was created in 2020 and consists of four buildings and four underground parking levels. The parking area has two overhead gates, one for entry and one for exit.
The incident occurred on Boxing Day last year, just before 3 a.m.
Both parties provided video evidence. The cameras in question took a snapshot every 0.8 seconds, and the tribunal said the gate was around two-thirds raised when the video began.
The tribunal provided a timestamped account of what happened.
“At 2:55:21, the gate is fully open. A vehicle slowly approaches and appears to stop briefly outside the gate. At 2:55:31, while the vehicle is still outside the gate, the gate begins to close. At 2:55:32, the vehicle continues forward. At 2:55:34, the vehicle still appears outside the gate, while the gate is just above hood height. At 2:55:37, the vehicle accelerates forward and hits the gate, dislodging the lower panel from its rails,” the tribunal said.
“The vehicle continues through the gate, and the panel appears to scrape along the roof. The vehicle clears the gate at 2:55:42, as the gate rises.”
The driver claimed the video wasn’t accurate because it started after the fob was activated and the gate was already opening.
“I find nothing turns on this because the incident occurred while the gate was closing, not opening,” the tribunal said.
The applicant held firm that the strata didn’t adequately maintain and repair the gate and that the sensors weren’t properly mounted. However, he provided no expert evidence on that front.
Ultimately, the tribunal dismissed all of the B.C. homeowners’ claims against the strata in the parking incident.