Vancouver 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

UPDATE: Dozens of farmworkers displaced after fire tears through building

Flames broke out Thursday morning in building that housed up to 80 workers at Abbotsford farm

Economic spinoffs of RBC Cup to be studied next month in Chilliwack

The 2018 Royal Bank Cup is expected to draw visitors from far and wide to Chilliwack in May

Two sides to 2018 Valley Husker schedule

The 10 game BC Football Conference slate is home heavy to start and road heavy to finish.

Chilliwack RCMP seek shoplifting suspect caught on video

Man allegedly connected to automobile theft in Abbotsford, shoplifting in Langley

It’s a chance Sunday in Chilliwack to tour the Hope Slough by canoe or kayak

It’s becoming an annual event hosted by Watershed Watch and Friends of the Camp-Hope Slough

Find your perfect new job at the Black Press Extreme Education and Career Fair

Dozens of companies have set up in the Cloverdale Agriplex

Dr. LipJob ordered to stop doing botox and other medical procedures

Rajdeep Kaur Khakh ordered to stop unlawful practice of medicine

B.C. to prevent for-profit blood, plasma collection

Voluntary Blood Donations Act would make it illegal to pay for blood, plasma donations

Judgment levied in Lower Mainland mushroom skimming

A court has fined a man who made off with thousands worth of mushrooms

Bill Cosby guilty in sexual assault case

Comedian convicted of drugging and molesting a woman

$30-million-winning lotto ticket bought in Coquitlam

The BC Lottery Corporation says the ticket matched all six winning numbers for the 6/49

B.C. legislates recreational marijuana sales

Age limit 19, province retains wholesale cannabis monopoly

COLUMN: Stanley Cup playoff second-round predictions

Sidney Crosby and the Penguins continue their quest for their third straight Stanley Cup

B.C. seeks court ruling on new pipeline regulations

Province wants to require permits for any new bitumen transport

Most Read