Leaky toilet installation leads to B.C. homeowner's lawsuit against Home Depot

A dispute between a B.C. homeowner and Home Depot over a toilet installation gone wrong has reached the B.C. Civil Resolution Tribunal.

In the case posted online, Pooyan Dehghani Mohammadi said that Home Depot of Canada Inc. is responsible for water damage caused by the installation of one of two toilets he purchased from the retailer.

Mohammadi filed a claim with the tribunal for $2,257, the quoted cost of replacing damaged bathroom baseboards and inspecting for possible damage to the bathroom cabinetry, drywall, and flooring. He also claimed an additional $700 for the time he had to take off work to monitor the repairs and obtain the quote.

Home Depot denied any liability for the leaky toilet installation, explaining that a third party, QC, completed the installation and took “full responsibility for the incident.”

The home improvement retailer also said Mohammadi’s claim was “unreasonably high” as it went beyond the necessary investigation and repair work.

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The B.C. Civil Resolution Tribunal’s decision explains that Mohammadi purchased two toilets and matching lids from Home Depot around July 2023.

He authorized Home Depot to arrange for an independent contractor named QC to install the toilets and inspect the installation.

A waterline hose connected to one of the toilet tanks that QC installed began leaking sometime after the work was complete. The tribunal reviewed photos that showed paint on the baseboards near the toilet had started to bubble, with dark patches on tiles nearby.

Home Depot sent another contractor to replace the faulty waterline, and the toilet is now in good working order.

In October of the same year, Mohammadi obtained a quote of $2,257.50 from a new contractor to replace affected baseboards, remove the countertop and cabinetry to check for damage or mould underneath, and look for any damage to the flooring or drywall.

He also exchanged correspondence directly with the previous contractor, QC, in the same month. While the messages appear to be about settlement discussions for the damage, the tribunal explained that the emails are most likely “protected by settlement privilege” and did not take them into account.

“Even if they were admissible, I find they have limited evidentiary value and mostly show that Mr. Mohammadi and QC did not settle,” said the decision.

While Mohammadi claims that the new contractor’s quoted work was necessary to repair the water damage and ensure no other damage was caused, Home Depot counters that the photos provided to the tribunal only show damage to the baseboards and that reasonably necessary repairs should be limited to those. The retailer also said that QC has taken full responsibility for the damage caused.

The B.C. Civil Rights Tribunal determined that “the contract terms do not assist Mr. Mohammedi and generally assist Home Depot.”

“The contract said that QC installed the toilets and not Home Depot. In addition to that, the contract said QC was obligated to install the goods in a workmanlike manner. Mr. Mohammadi agreed that “any injuries or damage caused directly or indirectly by [QC] are the sole responsibility of [QC].”

A warranty for the workmanship of the installation work was also provided by QC, not Home Depot, which factored into the decision.

“Mr. Mohammadi did not say how Home Depot breached the contract. The terms noted above indicate that Home Depot is not liable for the allegedly faulty installation. Home Depot did not guarantee QC’s work in the contract.

The tribunal also considered whether Home Depot may have breached the contract by hiring QC instead of another contractor identified as “Surrey – No. 1 Appliance Installation.”

“However, as Mr. Mohammadi did not object to the change, I find he waived any breach of this term. I also considered whether Home Depot was negligent in its choice of independent contractor. The law says that a party is not held responsible for the torts (wrongful acts) of an independent contractor so long as it exercised reasonable care in selecting the contractor and, in some situations, supervising the work. There is no allegation or indication that Home Depot acted unreasonably by choosing QC. ”

Ultimately, the tribunal sided with Home Depot, dismissing Mohammadi’s claim of $2,257 for the bathroom repair work and his $700 claim for time spent off work.

“I find that, under the contract terms, Mr. Mohammadi waived any such claims against Home Depot. So, I must dismiss this claim as well. As above, nothing in my decision prevents Mr. Mohammadi from filing a claim against QC for the $700, subject to any applicable limitation period.”