Dog causes damage to West Kelowna pool; both parties responsible, court says
A West Kelowna woman was ordered to pay $500 in damages to her neighbour’s pool because her friend’s dog broke through the fence, got into the pool and damaged it.
But it could have been a lot worse for her, according to a Civil Resolution Tribunal.
Jill Thompson’s neighbour, Susan Greig, sued her for more almost $4,000.
The case shows the responsibilities of dog owners — and those who own backyard pools.
The incident happened in April 2022 when Thompson was taking care of her son’s dog. It nosed through a gap in the fence and got into the pool. Although the pool wasn’t being used yet, it was partially filled with water and was covered by a tarp being held down by bricks.
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Thompson realized the dog was missing after only a few minutes, found the dog and retrieved it. But Greig said the combination of the dog and the bricks falling into the pool caused $7,000 damage to the pool liner, most of which was covered by insurance.
She sued to reclaim her deductible as well as what she said were higher insurance rates she had to pay for three years.
But Tribunal adjudicator Sarah Orr broke the case down by looking at local bylaws to establish negligence on Thompson’s part — but also Greig’s.
Orr had little trouble finding that Thompson breached the standard of care because she “knew or should have known (the backyard) was enclosed by an insufficient fence, and by allowing the dog to get far enough away from her that she could not see what it was doing for several minutes, Mrs. Thompson failed to maintain reasonable control of the dog.”
But in most municipalities, pool owners also have specific obligations for fencing to ensure children, for example, can’t accidentally fall in. West Kelowna has such a bylaw and Orr found Greig knew about the gap in the fence at least two weeks before the incident.
Orr split the difference and said both were equally responsible — but only for the insurance deductible, so Thompson only owes $500.
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