10 - Sunday, October 13, 1991 - North Shore News West Vancouver couple awarded damages in fire suit A WEST Vancouver couple have won $75,000 in damages plus in- terest after a 1985 fire in their rented British Properties home destroyed all their belongings. By Elizabeth Collings . News Reporter Former B.C. Supreme Court Justice Joe Wood (vho is now a court of appeal judge) awarded Maryl and Paul Shatzko the dam- ages after he found that landlords Otto and Phyllis Braun did not fulfil their duty to make the rental home at 132 Stevens Dr. “reasonably safe’? for their te- nants. The Shatzkos had rented the house for two months before the fire broke out on June 16, 1985. _ That weekend Maryl Shatzko was away and on the Sunday, Paul Shatzko took their children out for supper; when they returned two hours later the house was in flames. The Shatzkos lost their dog and all personal effects -— clothes, furniture and the contents of the house. ‘According to the Shatzkos’ lawyer, Brian Longpre, the award plus interest amounts to $119,000. In his judgiaent, Justice Wood agreed with expert testimony. by consultant Edward Jackson that the fire started in the rangehood of the stove where a significant amount of: grease had ac- cumulated. - : Evidence showed that the fan over the stove, including its blades, had not been cleaned since | the Brauns purchased the house in 1974, Justice Wood said. According to the Occupiers Li- ability Act, landlords have a stat- utory obligation to see that te- nants and their property will be reasonably safe on the premises, the judgment stated. “By allowing grease to ac- cumulate to the extent that it did in the rangehood assembly, with the resulting risk of fire, he breached that statutory duty and he is accordingly liable to the plaintiff for her loss resulting from the fire,’ the judgment said. Justice Wood did not accept Otto Braun’s testimony that’ he had carefully cleaned the appli- ance a year before the fire.. The judge noted that even though several theories were ad- vanced in the trial as to the specific origins of the fire in the rangehood assembly, without the accumulation of grease there would have been no fuel to feed the fire which ‘‘eventually engulf- ed the kitchen of the house.”’ Longpre said the decision sets a precedent because it~ places re- sponsibility on residential landlords to keep rental appliances clean. **It takes three things for a fire — fuel, air and ignition,’’ Longpre said. ‘‘it couldn't have burned without grease.” The Brauns’ counter-claim against the Shatzkos was dismiss- ed. PRE CHRISTMAS EXTRAVAGANZA 2 WEEKS ONLY-STARTING OCTOBER 13TH - 31ST ALL 10-14-18 KT. CHAINS & BRACELETS 50% off SPECIAL 1.00 Carat DIAMOND SOLITAIRE *2995° ALL 14 KT. COLOR STONES & DIAMOND RINGS 4OQ-G0O% off JEWELLERS Capilano Mall Location 984-2040 LAY-AWAYS ACCEPT ED FOR CHRIST MAS PICK. UP | ALL DIAMOND JEWELLERY 40-60% off ALL WATCHES 30% off e Our schools need the support and advice of parents, students, teachers, and the community — not unilateral decisions from Victoria. e Our schools need stability and long-term planning — not flip-flop decisions on dual entry and Year 2000 implementation. e Teachers and parents know kids and schools. We can work together to help shape our schools for the future. ON OCTOBER 17, SUPPORT EDUCATION. TOGETHER WE CAN MAKE A DIFFERENCE