B.C. couple awarded $300,000 after fireplace leaked carbon monoxide

Two Vancouver seniors experienced brain damage after gas leak

A B.C. Supreme Court judge has ordered a company that caused a carbon-monoxide leak in an elderly Vancouver couple’s home to pay them more than $300,000 in damages.

Chief Justice Christopher Hinkson found that Margaret Elizabeth Edwards and John Philip James Pinel suffered depression, memory loss and serious cognitive damages after a carbon monoxide leak went undetected for months.

Edwards and Pinel were living in their Vancouver home in 2007 when they hired Kenorah Construction and Design to renovate their home.

Subsequently, the installation of three gas fireplaces was subcontracted out to Surrey-based Parkinson’s Heating Ltd.

Edwards and Pinel then re-hired Parkinson’s directly to service their gas fireplaces in February and November 2009.

Then on Jan. 10, 2010, the couple woke up in their bedroom with “severe” headaches, and over the next few days continued to feel sick.

On advice from a friend, Edwards called Terasen Gas to ask if there could be a carbon-monoxide leak in their home and was advised to turn off the gas.

A Terasen Gas worker visited the home on the same day to test for possible carbon-monoxide emissions.

After turning the gas back on, he tested various appliances and fireplaces and found that the living room fireplace was emitting carbon monoxide from its vents.

Michael Slater, the Parkinson’s employee who had serviced their fireplaces in 2009, came to inspect the carbon-monoxide emissions and found that the screw designed to secure the draft hood to the spill tube, which vents carbon monoxide into the chimney and out of the house, was missing.

This made a gap that let the carbon monoxide flow directly into the house.

Edwards and Pinel allege that Slater was negligent in servicing the living room fireplace in 2009 because he did not check for carbon-monoxide emissions.

Slater admitted that he did not check during his first visit but that he did during his second visit.

Hinkson found Slater’s testimony about his second visit “unreliable and that he has reconstructed what he wishes to believe he did on that date.”

Hinkson said that the fireplace was likely leaking carbon monoxide between Nov. 13, 2009, when Slater made his second service visit, up until Jan. 4, 2010, when he came to determine why the fireplace was leaking carbon monoxide.

Upon hearing a doctor’s testimony, Hinkson found that Pinel turned from an “intellectual, ambitious, energetic and vibrant man with a passion for learning and writing” into one who now spends spends “much of his days watching TV sometimes with a blank screen, that he reads much less, and writes almost nothing” and has been depressed and had suicidal thoughts.

Hinkson found that although Edwards suffered fewer concequences as a result of her carbon monoxide exposure, some of her recent short temper and impatience can be attributed to that exposure.

The judge found that as a result of the brain damage caused by the carbon monoxide, the couple suffered a “loss of friendship and intimacy.”

Pinel was awarded $200,000 in non-pecuniary damages and Edwards was awarded $50,000. Jointly, the two were awarded $53,000 towards the cost of Pinel’s care and a further $8,416 in other damages.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

An unexpected sight south of Burns Lake

Cheslatta Carrier Nation Chief finds bear eating another bear’s carcass

Area restrictions rescinded in northwest B.C.

The orders will be rescinded Sept. 19 at noon

Verdun Mountain and Nadina Lake fires 100 per cent contained

Area restriction orders in effect for several fires

Vigil for Jessica Patrick

VIDEOS: Hundreds honour a young mother who lost her life. Jessica Patrick was 18.

Still unclear if Houston will benefit from new opioids crisis funding

Canada’s health minister has recently announced $71.7 million in emergency funding

Video: Flyers new mascot ‘Gritty’ a bearded, googly-eyed terror

The Philadelphia Flyers unveiled their new mascot Monday, and as one would expect of the team that gave us the “Broad Street Bullies,” he’s far from cuddly.

Two B.C. police departments won’t use new roadside saliva test to detect pot

The Dräger DrugTest 5000 is designed to find THC, the high-inducing part of marijuana

Canada aiming for the moon, and beyond, with new space technology efforts

With an eye on future lunar exploration, Canada’s space agency is calling on companies to present their ideas for everything from moon-rover power systems to innovative mineral prospecting techniques.

New Brunswick Premier meets with lieutenant-governor as Tories, Liberals vie for power

New Brunswick Premier Brian Gallant said the only other leader he had spoken with since results came in was Green Leader David Coon.

Trudeau looks to restart Canada’s UN charm offensive in New York City

Freeland says the question of job retraining in the 21st century — and the uncertainty that surrounds it — is the federal government’s central preoccupation.

Calgary mayor seeks person who leaked details of closed-door Olympic meeting

Calgary Mayor Naheed Nenshi says he will ask the city’s integrity commissioner to investigate a leak of details from an in-camera council meeting.

B.C. MP Cannings spared brunt of Ottawa tornadoes

MP Richard Cannings was spared the impact of the tornadoes that hit the Ottawa region

Edmonton cannabis company revenues more than triples to $19.1 million

Aurora Cannabis revenues more than triple in fourth quarter

B.C. pharmacist suspended for giving drugs with human placenta

RCMP had samples of the seized substances tested by Health Canada

Most Read