Airbnb renter whose grease fire set off sprinklers in Vancouver highrise can't be sued by insurer, court rules

An Edmonton man who accidentally started a grease fire while staying in an Airbnb in a downtown Vancouver condo, setting off the building's sprinklers, cannot be sued for damages by the strata corporation's insurer.

An Edmonton man who accidentally started a grease fire while staying in an Airbnb in a downtown Vancouver condo, setting off the building's sprinklers, cannot be sued for damages by the strata corporation's insurer.

B.C. Supreme Court Justice Simon R. Coval reached that conclusion in a decision issued Monday. 

The case arose from John Schappert's April 2019 stay in unit 1406 of the Carlyle building – a 21-storey, 147-unit condo tower constructed at 1060 Alberni St. in the late 1980s.

While staying in the unit – which BC Assessment lists as having one bedroom, one bathroom, 651 square feet of living space and an assessed value of $629,000 as of July 1, 2022 – Schappert and his partner caused a grease fire while cooking a meal. 

The incident triggered the building's fire suppression system, causing water damage to strata-owned common property and leading Airbnb to charge Schappert $499 as a security deposit.

The strata corporation's insurance paid for the cost of repairs to the common property. Then, on its insurer's behalf, the strata sued Schappert to recoup those costs, alleging Schappert's negligence caused the fire.

Normally, disputes involving strata corporations are handled by B.C.'s Civil Resolution Tribunal, which receives written submissions and renders decisions digitally, and generally moves faster than the regular courts.