Background:
The Ming Sun Benevolent Society, owner of 439 Powell Street in Vancouver, sued the Philippine Women Centre of B.C., located at neighboring 451 Powell Street, over a property damage dispute. In July 2013, the brick veneer wall of 439 Powell collapsed onto 451 Powell, causing structural damage. The Philippine Women Centre alleged that the Society’s lack of maintenance and repair caused this collapse, citing issues such as wood rot. The Society, however, argued that water runoff from 451 Powell’s roof created conditions leading to the structural failure.

Legal Issues:
The case centered on negligence and responsibility for the structural damage. The Philippine Women Centre and co-defendants claimed the Society’s neglect led to the collapse, while the Society countered that runoff from 451 Powell exacerbated the structural issues. Both parties claimed damages.

Expert Testimony Admissibility:
A procedural dispute arose over the admissibility of a supplemental expert report from the defendants’ structural engineer, Derek Smith. The court found the report inadmissible, ruling that it did not represent a “material change” under procedural rules and was filed too late.

Outcome:
The court admitted the main expert report but excluded the supplemental report. No specific damages or costs were awarded, as the ruling focused on evidentiary admissibility rather than a final determination on damages.