Unknown liquid in parking lot leads to legal fight against BC developer

An unknown liquid leaking in an underground parking lot in BC caused a costly legal dispute between an apparent resident and a developer, which resulted in damages of $4,500.

Varun Duggal claimed $5,000 in damages against Highstreet Ventures, a notable developer based in Kelowna.

In a decision posted online, Duggal told the BC Civil Resolution Tribunal that he parked his car in a new residential building when a liquid dripped onto it. He claims the liquid caused $19,000 in damage, but due to the small claims monetary limit, he asked for $5,000.

Highstreet told the tribunal that it paid to have the car detailed and offered to pay to have it repaired but that Duggal had unreasonable demands of it. An employee representing Highstreet added the developer was still willing to pay $1,000 for repairs and inconvenience.

Here’s what happened.

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Sometime in late November 2022, Duggal realized that an unknown liquid dripped onto his car while parked in the underground parking stall of a building that Highstreet built.

The liquid landed on the roof and ran down the windshield, driver-side window, and door.

“It appears milky in the photos,” the tribunal decision said.

Duggal described the liquid as “acid.”

Duggal emailed Highstreet, and Highstreet offered to pay to have the vehicle detailed on December 6, 2022. Highstreet never denied the damage. The tribunal said there wasn’t much evidence showing the car after the detail job, but both sides agreed there was still visible damage.

On January 13, 2023, an employee of Highstreet emailed Duggal, agreeing to pay to repair the vehicle. Duggal submitted evidence suggesting repairing the windshield would cost $1,828 and $1,998 for some repainting.

Two days later, before Highstreet had responded, Duggal emailed again and said that the dealership would take the vehicle back and give him a new one for $15,000. He added that $19,000 was his total loss but never explained how he got to that number.

After more exchanges between the two sides, there was no consensus on moving forward.

Duggal ended up selling the vehicle, making the case a little trickier.

The tribunal determined that because of the damage, Duggal would likely have had to sell the car for less than its total value. The tribunal settled on awarding damages based on the $1,998 for painting and $1,597.49 to replace a windshield. It also awarded him $1,000 for inconvenience.

In the end, Highstreet was ordered to pay Duggal $4,920.47, which included $4,500 in damages plus tribunal fees.

Sadly, no one was able to determine what the mysterious milky liquid actually was.