West Kelowna man’s attempt to kill weeds leads to hedge fire, legal action

A West Kelowna man who set fire to his neighbour’s hedge and fence has been ordered to pay $4,400.

According to a July 23 BC Civil Resolution Tribunal decision, on Boxing Day 2023 Andrew Gary Wingerak placed hot ashes along the fence between his property and his neighbours’ — Terrance Lee Molsberry and Susan Elaine Lobb — to kill the weeds.

However, the ashes caused the fence and a 15-foot-high cedar hedge to catch fire.

West Kelowna Fire Rescue were called but by the time they arrived another neighbour had put the fire out with a garden hose.

There was some animosity between the neighbours who were “having a dispute,” so firefighters called the RCMP for back-up.

The couple accused Wingerak of deliberately causing the fire, but the RCMP found this wasn’t the case.

It appears that Wingerak wasn’t prepared to pay for the damage, as Molsberry and Lobb took him to the online small claims court to get him to foot the bill.

The decision said he did offer to settle for an undisclosed amount, but the couple rejected it.

The Tribunal was easily convinced Wingerak was responsible for the blaze, calling it “reasonably foreseeable.”

“The hot ashes were clearly a fire hazard that could cause fire-related damage,” the Tribunal said.

Some of the tallest parts of the hedge caught fire and “candled.”

Wingerak argued the damage was “minimal,” but the Tribunal found that photos contradicted that.

Pictures of the fire’s aftermath show the damaged hedges suffered significant burn damage. The wood fence also had blackened portions, the decision said.

The couple presented quotes ranging from $3,800 to $4,200 to cover the cost of replacing three cedar trees, garden soil, renting an excavator and replacing one fence panel.

The couple also argued that the replacement trees would be 10 to 12 feet tall, and not the height of the original hedge.

Ultimately, the Tribunal found Wingerak negligent for damaging the hedge and fence, and his weed control exercise left him on the hook for $4,400, including fees.