top of page
< Back

Save this article  > 

Owner Responsible for Corporation’s Deductible

James Davidson
Publication date:
March 1, 2024
Article Summary: 

In the case of Abeygunasekara v. PCC 392, the Ontario Superior Court held the owner responsible for damages falling within the deductible under the condominium corporation's insurance policy. Water overflow from a toilet in Unit 718 caused damage to several other units and common elements. The Court found that the damage resulted from acts or omissions of the owner and tenant of Unit 718. Despite the owner's assertion that the corporation's deductible was unreasonable, the Court deemed it reasonable and valid. The decision reaffirms the condominium corporation's right to recover deductible losses in appropriate circumstances and underscores the deference given to the board's decisions regarding insurance matters.


Condominium law, insurance, deductible, condominium corporation, Ontario Superior Court, water damage, liability, by-laws, business judgment rule, lien, recovery, insurance policy.

Source Citation: 
James Davidson
Owner Responsible for Corporation’s Deductible
March 1, 2024
Did you find this article useful? 
Your feedback is important not only to us, but to all the other key players in the condo industry.  Help us by letting us know if this article is relevant and useful.  This will help us prioritize articles that provide helpful guidance to other key players like you. 

Please login to use this feature.

bottom of page