The appellant condominium corporation appealed a Small Claims Court decision ordering it to reimburse the respondent unit owner for costs related to a plumbing blockage.
The trial judge had found the condominium failed to definitively prove the respondent's unit caused the blockage.
The Divisional Court allowed the appeal and ordered a new trial, finding the trial judge erred by reversing the burden of proof, applying a standard of absolute proof rather than a balance of probabilities, and failing to consider key video evidence and accord deference to the condominium board.
