West Kelowna neighbours both found negligent after pool damaged

Two West Kelowna neighbours have been found negligent after a dog fell into a pool and damaged it in 2022, says a recently published decision from the Civil Resolution Tribunal.

According to the decision, Susan Shaw Greig was seeking $3,929.89 from her neighbour Jill Thompson, alleging that Thompson’s son’s dog damaged her pool in April 2022.

While Thompson was watching the dog, it snuck through a gap in the neighbours’ fence and fell into the pool, causing bricks holding down a tarp to also fall in.

Grieg claims this caused damage to her pool liner and cover.

Thompson told the Tribunal that her own dog, which she has no history of “failing to control,” was playing in the backyard with her son’s dog for “at least five minutes” and in the pool for about three and a half minutes, according to surveillance footage.

Thompson retrieved the dog from the pool shortly after.

According to the Tribunal’s decision, in May 2022 Greig made an insurance claim for the pool damage.

“Her insurer determined that the dog damaged the pool liner and cover when it fell in the pool on April 30, 2022, and paid approximately $7,000, less a $1,000 deductible, to replace these items,” the decision says.

Greig was seeking reimbursement for her $1,000 deductible, $2,329.89 for increased insurance premiums for 3 years, and $600 for the loss of use of her pool for 3 months.

Thompson, however, denied the dog damaged the pool, arguing that there was no evidence of the pool’s condition before the incident.

“While this is possible, I find Ms. Greig’s video footage of the incident and the evidence from her insurer persuasive. I find it is more likely than not that the dog damaged the pool as Ms. Greig claims,” said Tribunal member Sarah Orr.

Orr said Thompson knew or should have known the pool was enclosed by an insufficient fence, and that by allowing the dog to get far enough away from her that she could not see what it was doing for several minutes, she failed to maintain reasonable control of the dog.

Reasonable control of a dog is a requirement under the Regional District of Central Okanagan’s dog bylaw, Orr said.

Orr found her negligent in this regard.

However, the lack of a fence or “equivalent barrier” around Grieg’s pool, as required under the City of West Kelowna’s Building Regulation Bylaw, showed a lack of the required standard of care of a homeowner with a pool, says Orr.

Grieg was also found to have breached the required standard of care to repair the fence and Orr said she was found to also be negligent in this regard.

“I have found that both Ms. Greig and Mrs. Thompson were negligent,” said Orr’s decision.

“I find there is insufficient evidence to determine whose property the fence is on, but both parties’ negligence is founded on the fence’s insufficiency.”

Orr ordered Thompson to pay Greig $500 for half of her insurance deductible and $123.72 in CRT fees.