A British Columbia man has been awarded $500 in damages from a developer after purchasing a one-bedroom condo that was delivered with a missing wall between the bedroom and living room. The B.C. Civil Resolution Tribunal (CRT) ruled that while not a fundamental breach, the delay in fixing the deficiency caused inconvenience.
Ahmad Al-Tayyar purchased a one-bedroom apartment in October 2018. Upon a walk-through in October 2023, he discovered a wall separating the bedroom and living room was absent. Al-Tayyar argued this effectively meant he received a studio apartment, not the one-bedroom unit he contracted for, leading to financial and emotional distress.
The developer, City Point Real Estate Development Co. Ltd., contended that the contract allowed them to rectify deficiencies within a reasonable time after the completion date. They stated the wall was fixed within two months of the January 31, 2024 completion date.
The CRT, however, found that the developer failed to address the issue promptly between the walk-through and the completion date. The wall was not constructed until March 27, 2024, approximately two months after completion and six months after Al-Tayyar first identified the problem. Tribunal member Nav Shukla ruled that this delay constituted a breach of contract, entitling Al-Tayyar to damages.
Al-Tayyar had sought $5,000 for emotional distress and two months of mortgage payments, claiming he could not access, possess, or rent out the unit. However, the CRT noted that Al-Tayyar provided no evidence to support these claims, such as proof of inability to access the unit or details of his mortgage payments and emotional suffering.
The tribunal concluded that the missing wall was an inconvenience and awarded $500 in damages to compensate Al-Tayyar for the developer's delay and the resulting inconvenience of living in a unit without the expected separation. Al-Tayyar also received $34.99 in pre-judgment interest.