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

VIDEO: Property evacuated after mudslide closes Highway 3A

A mudslide has closed Highway 3A between Castlegar and Nelson just north of the Brilliant Dam.

RCMP annual report shows detachment issues, successes

Staffing shortages, travelling criminals were concerns in 2017

Medical staff weighs in on KBRH design

Changes coming to the regional emergency department.

B.C., Alberta clash as Kinder Morgan suspends Trans Mountain work

Alberta Premier Rachel Notley promises “serious economic consequences” for B.C.

Buy Low employee assaulted, suspect arrested

The suspect allegedly tried to steal a shopping cart.

VIDEO: Work is play for this B.C. avalanche rescue dog

CARDA certified Joss’s Job is to save lives — but to her, it’s all a game

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

Whistler to open Canada’s first pod hotel

Pangea Pod Hotel to feature units big enough to fit a queen-sized mattress and not much else

Black Press Media acquires two new Alaska newspapers

New Media Investment Group to acquire the Akron (OH) Beacon Journal while Black Press Media takes on daily newspapers in Juneau and Kenai Alaska

Thieves target B.C. firefighters helping flood victims

The service has been helping with sandbagging efforts, as rural Oliver battles flooding

B.C. towns rank in top honeymoon destination worldwide

Vernon, Kaslo, Sunshine Coast and the Island hit Expedia.ca’s list of top 18 honeymoon destinations

Olympic gold now official for B.C. weightlifter

Christine Girard’s bronze medal from 2012 Olympics upgraded to gold, IOC announces

Men arrested at Starbucks say they feared for their lives

Rashon Nelson and Donte Robinson were arrested in a Philadelphia Starbucks, becoming viral video

Did a Canadian shoot down the Red Baron? A century later, debate hasn’t quit

Om April 21, 1918 two Canadians in their canvas-covered Sopwith Camel biplanes engaged the enemy

Most Read