B.C. man on the hook for thousands after his hot ashes cause a fire

Two B.C. homeowners brought a civil suit against their neighbour after a fire caused damage to their property.

The applicants in the case, a man and a woman who are both owners of the property, told the BC Civil Resolution Tribunal that their neighbour, another man and respondent in the case, set fire to their property.

In submissions, the tribunal noted that they hadn’t yet paid for repairs, the cost of which is estimated at $5,000 for fixes to the hedges and fencing. They were asking the tribunal to order their neighbour to pay those damages.

The neighbour denied liability.

“He says the damage caused is minimal and less than the applicants’ claim amount,” the tribunal notes.

It all began on Boxing Day in 2023, when the neighbour placed hot ashes along his fence line that separated his property from the two applicants. The tribunal decision states that the neighbour intended to kill some weeds.

However, the hot ashes caused the fence and hedges to catch on fire.

“The applicants say, and I accept, that they were unaware of the fire until a third-party neighbour told them about it,” the tribunal said.

West Kelowna Fire Department (WKFR) responded to the blaze. Before it arrived, the respondent had put out the fire using a garden hose. When WKFR arrived, it ensured the fire was properly put out.

The tribunal decision notes that the RCMP also became involved.

“WKFR also called the RCMP for assistance as the respondent and one of the applicants were ‘having a dispute’ at the time. The RCMP noted that the respondent admitted to placing the ‘fire ashes’ that caused the hedge fire. WKFR and the RCMP advised the respondent to refrain from dumping ashes again. One of the applicants complained to the RCMP that the respondent set the fire intentionally. Ultimately, the RCMP was not satisfied that this was the case,” the decision reads.

The neighbour offered to settle the dispute for an unspecified amount, which the applicants rejected.

The tribunal stated that the neighbour owed the applicants a duty of care, which he failed to fulfill.

“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.”

Security camera photos showed that the fire and smoke were significant. The cedar hedges, which experienced damage, were over 15 feet tall. While the applicants didn’t win damages for all of their claims, thanks to the estimates and invoices they provided to the tribunal, they did win most of them.

Ultimately, the neighbour who put down the hot ashes was ordered to pay $4,397.05 within 30 days of the decision.