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Faulty repairs

Hauer & Co. > Faulty repairs

Carbon monoxide poisoning: court awards damages for faulty fireplace installation

A carbon monoxide detector

In Edwards v. Parkinson’s Heating Ltd., 2015 BCSC 1094 the plaintiffs claimed that they were exposed to and suffered injuries from carbon monoxide (“CO”) emissions from their living room fireplace. That fireplace had been removed and later reinstalled and serviced by the defendant Parkinson’s Heating Ltd. (“Parkinson’s”). The plaintiffs claimed that both Kenorah Construction and Design Ltd. (“Kenorah”) as general contractor and Parkinson’s were both jointly and severally responsible for the negligent installation of the living room fireplace and that the subsequent negligent servicing by Parkinson’s alone, each independently caused their damages. After the fireplace had been serviced and inspected, on...

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Motorcycle repair work found NOT to have caused crash

In a recent decision of Cannon v. Al Perrett Enterprises Inc., 2018 BCSC 337, the Supreme Court of British Columbia examined the expert evidence put forward by both the plaintiff and defendant on the cause of a motorcycle crash.  The court preferred the evidence of the defendant’s expert.  It held the crash was not caused by any mechanical work done on the motorbike. On August 21, 2013, the plaintiff, Roy Garnet Cannon, was injured when the motorcycle he was operating crashed on a highway near Merritt, British Columbia. No other vehicles were involved. The motorcycle had just been repaired at a...

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