A BC strata corporation was sued by a tenant and acquaintance who alleged that the strata failed to offer proper signage for truck clearance at the building’s garage, resulting in damage to a rented U-Haul.
Jack Morris and Nicholas Biden were the two applicants in the case who brought their claim to a BC Civil Resolution Tribunal.
Biden rented a U-Haul truck and went to visit Morris, a tenant in a BC strata property. Morris invited Biden to park in his garage under the strata building, where a sign said the clearance was 7 feet and 7 inches.
When Biden tried to drive the truck through the garage, they hit a pipe protruding from the ceiling. The pipe damaged the roof, and the applicants had to pay for it.
Biden and Morris claim that the strata were negligent by putting up a misleading sign, asking for $2,944.60 for the truck’s damage.
In response, the strata suggested it wasn’t negligent. It claimed the sign only described the clearance for the gate, not the entire garage. It also said the pipe joint was well-marked and painted in red.
The primary issue the tribunal was looking to solve was whether or not the strata actually was negligent. The applicants stated that before driving into the garage, they compared the vehicle’s height on the sticker to the clearance height on the sign.
The tribunal found that the strata breached its duty of care to the applicants because the pipe and fittings were below the posted sign, which stated 7 feet 7 inches. The tribunal also said painting the pipe red didn’t make it clear that the pipe was a height-related hazard.
After all was said and done, Biden walked away with $3,277.85, which included $2,490 in damages and tribunal fees.