Vancouver woman fights big bank for insurance refund after leaky toilet causes damage

It’s been a frustrating and stinky few months for Grace Nwang.

An ordeal with TD Bank Insurance began back in May, when she says she noticed sewage dripping from a bathroom ceiling fan in her high-rise condo in Vancouver’s Yaletown. Eventually, she discovered that the upstairs neighbour had some repairs done on a toilet.

“That night, I couldn’t sleep because I felt short of breath and started to get a headache. The next day, I called the restoration company back. They opened the ceiling of my bathroom, and they discovered mould,” Nwang tells 1130 NewsRadio.

“Then they had to do mould mitigation, and I had to move out because I had a severe reaction. It’s a health hazard.”

She says she contacted the owner of the unit above, who told her they had noticed the water pressure had been very low. Crews confirmed a longstanding leak.

Nwang says she approached the policyholder and was put in touch with TD Insurance, which began a weeks-long process of back-and-forth.

She says one adjustor told her to get the repairs done, keep the bills, flip them to TD, and she’d get her money back.

“That’s what I did. I rushed the repairs so I could show her all the receipts. The damage is the ceiling patching, and the exhaust fan is damaged as well, so that got replaced. And of course, my relocation for eight days. I sent her all my receipts, and another two weeks passed. So Sept. 2, I got an email from TD, saying they declined my claim because they said the owner is not liable for my damage.”

She explains that TD maintained it was a “sudden and accidental damage.”

“I said, ‘No, it’s not. The mould presence shows it’s a slow leak, so it’s not sudden or accidental.’ Secondly, they said, the owner of the causing unit is not negligent. Well, the low water pressure shows — and they haven’t changed the toilet for 25 years. It’s the original toilet.”

Nwang says she’s been arguing with the bank since May, and nearly six months later, she hasn’t received a dime.

“I sent them the strata bylaw, and it says the causing unit is responsible for damage caused by an appliance, like a toilet, regardless of fault.”

(Submitted by Grace Nwang)

(Submitted by Grace Nwang)

The bylaw states, in part, “That all work and materials necessary for the alteration be at the sole expense of the owner. The owner from time to time of the strata lot receiving the benefit of an alteration to common property, limited common property or common assets must, for so long as he or she remains an owner, be responsible for all present and future maintenance, repairs and replacements, increases in insurance, and any damage suffered or cost incurred by the Strata Corporation as a result, directly or indirectly, of the alterations to common property, limited common property or common assets.”

Nwang says the unit owner took responsibility and reached out to TD Insurance to let them know, but the bank continued to deny Hwang’s claim of more than $3,000.

“TD Insurance says, ‘Nope. The owner is not liable. We’re not paying for it,’” said Nwang.

She’s frustrated by the delays and the rush and pressure she felt to push the repairs through, when she says there was never a plan to refund her.

If this isn’t resolved, Nwang, who works in insurance but has been on medical leave, is hesitant to lawyer up to get money — admittedly worried that the legal costs will be more than the damages she’s seeking.

“Part of me wants to do the right thing –make sure this is done properly– otherwise, why do you buy insurance, for God’s sake?”

She’s also using her story to warn others to know their rights and to ensure they read insurance and strata policies well.

1130 NewsRadio has reached out to TD for comment. The bank apologized and says representatives have “reached out to her directly to quickly resolve this situation.”