B.C. tribunal settles dispute between neighbours over fire that engulfed hedge, damaged fence
The blaze broke out in West Kelowna on Boxing Day 2023 – triggering a response form the local fire department and the RCMP, according to a recent decision from the Civil Resolution Tribunal.
Terrance Molsberry and Susan Lobb filed a claim against Andrew Wingerak, alleging he 'set fire to their property,' and seeking reimbursement for the cost of replacing the burned hedges and fence, the decision said.
It was 'undisputed' that Wingerak caused the fire, according to the decision.
'(Wingerak) placed hot ashes along the fence dividing his property from the applicants'. He did so to kill weeds. The ashes caused the fence and hedges to catch fire,' tribunal member David Jiang wrote.
The fire department responded to a 911 call from another neighbour who spotted the flames and put the blaze out with a garden hose. The decision said firefighters called in the police who looked into allegations the fire was set deliberately but were 'satisfied this was not the case.'
However, the tribunal found Wingerak was liable for damages on the basis of negligence.
'I find that the respondent acted unreasonably by dumping hot ashes near the fence and hedges. This created a serious risk of harm to both property and people,' Jiang wrote.
'I am also satisfied that the respondent's actions caused damage, and that the damage was reasonably foreseeable. The hot ashes were clearly a fire hazard that could cause fire-related damage.'
Molsberry and Lobb sought damages equivalent to a landscapers quoted cost for replacing three cedar trees and one fence panel, including the purchase of soil and rental of an excavator, according to the decision.
Wingerak, on the other hand, argued the damage was relatively insignificant and repairing it would cost much less.
A review of security camera photos ultimately weighed in favour of Molsberry and Lobb, the decision said.
'They show that that some of the applicants' tallest hedges caught fire and 'candled.' The depicted fire and smoke were considerable,' Jiang wrote.
'Photos of the fire's aftermath show the damaged hedges suffered significant burn damage. The wood fence also had blackened portions. The respondent says the damage was minimal, but the photos contradict this.'
Wingerak was ordered to pay $4,222.05 in damages for negligence, as well as $175 in tribunal fees.
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