Is a Sun Deck Considered to be “Within” a Dwelling?

In June 2022, the Supreme Court of British Columbia ruled that a sewer backup insurance policy only applies to a flood originating from “within” a dwelling and not from a drain overflow on a sun deck partially exposed to the outdoors.

This ruling comes from Gill v Wawanesa Mutual Insurance Company, 2022 BCSC 981. In this case, the perimeter drainage system of a house owned by Amritpal Gill and Baljit Gill became clogged in December 2019. As a result, water backed up and escaped through a drain in the sun deck area of the home and eventually found its […]