Is there any evidence that the respondent’s technician knew that the boiler was going to fail?
British Columbia, Canada
The following excerpt is from Richardson v. Lillie Family Heating & Plumbing (2014) Ltd., 2019 BCCRT 1405 (CanLII):
23. Should the respondent’s technician have known that the boiler was imminently going to fail? In order to prove a claim in negligence, the applicants must establish that the respondent breached the standard of care. Where the subject matter of a dispute is technical or beyond common understanding, it is often necessary to produce expert evidence to help the decision-maker determine the appropriate standard of care: see Bergen v. Guliker, 2015 BCCA 283, paragraphs 124-131. The applicants have not provided evidence that a reasonably competent technician would have known the boiler was imminently going to fail, or would have taken different steps or given different advice. Again, it is not disputed that the respondent recommended replacing the boiler. I find that there is insufficient evidence to show that the respondent breached the standard of care of a reasonably competent boiler repairer.
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