Reminder! Failure to Maintain Appliances is an ‘Act or Omission’ Triggering Owners Paying deductibles (a Breakwell Update)

You may recall the recent 2019 decision of OCP No. 7721985 v. Breakwell where an Alberta court held that the failure to have a furnace inspected following its installation and failing to regularly maintain it meant that the owner had committed an ‘act or omission’ which rendered them responsible for the cost of repair up to the insurance deductible. See our review of the case – Water Water Everywhere! But Who Should Pay The Deductible?

A new Ontario case (Lozano v. Toronto Standard condominium Corp. No. 1765) has not only referenced the Breakwell decision but another Saskatchewan decision on […]