A Burnaby strata is suing Federal Express Canada Corp. after one of its drivers allegedly collided with a pergola at the building two years ago.
On April 30, 2022, an unnamed driver was operating a FedEx vehicle at the lowrise strata in the 4700 block of Brentwood Drive and ran into the structure, according to a notice of civil claim filed in B.C. Supreme Court Monday.
The pergola collapsed, according to the claim, causing damage to the common property and common facilities of the strata.
The strata claims the collision was caused by the negligence of the driver, who failed to "exercise reasonable care, skill, and diligence in operating the vehicle."
The strata further claims FedEx is vicariously liable for the alleged negligence of its worker.
Because of the collision, the strata said it had to pay for emergency repairs and permanent repairs to the damaged common property.
It is now suing the driver and FedEx for unspecified general and special damages as well as legal costs.
The allegations in the lawsuit have not been proven in court.
Neither the driver nor FedEx has filed a response to the strata’s claim.
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