Homes in this Sechelt neighbourhood were evacuated after a sinkhole made them unsafe in February 2019. (Google Maps)

Developer, government deny negligence in Sechelt sinkhole lawsuit

Homes in a Sechelt neighbourhood were evacuated due to a sinkhole in February 2019

No one is accepting responsibility for the 12 homes evacuated as a result of a sinkhole in Sechelt earlier this year, a series of court documents show.

The documents, the last of which were filed on Oct. 31, represent the legal action taken by two people who were forced to leave their home after a sinkhole developed in the Sunshine Coast community in February. The homes in the affected subdivision were valued at around $1 million each.

READ MORE: ‘Dream’ homes ordered evacuated as sinkholes open in Sechelt

Rodney Burwell Goy and Donna Lynn Goy submitted a notice of civil claim in August, alleging the District of Sechelt, the province, developer Concordia Seawatch Ltd. and two co-owners Ronald Davis and Ronald Antalek, and Hollywell Properties and real estate agents Barbie Whitworth and Shay Moudahi, were negligent in developing, building and selling the home to the couple.

The civil suit takes aim at Concordia Seawatch, alleging that during initial construction in fall 2005, the land showed “numerous sinkholes and other incidents of landslip, soil subsidence and similar geotechnical events.”

The Goys allege the municipality was “actively involved” in monitoring and assessing geotechnical conditions. Specifically, they claim the district directed Concordia Seawatch to “repair sinkholes and remedy conditions that rendered the lands potentially unstable.”

The civil claim notes that after a 2013 report warning of the issues with the land, the district had a duty to warn prospective buyers of the full extent of the problems, “which it knew had occurred on the Seawatch Lands since 2oo5.”

The couple bought the property in 2013, and claim the real estate agents “were personally aware” of the severity of the geotechnical problems, as well as the future risks.

The Goys have asked for general and special damages against all defendants, and punitive damages against all parties except the real estate agents in compensation for their financial losses.

In response, the province alleges the Goys “knew or ought to have known” about the geotechnical issues, particularly sinkholes, to which the property was prone. The municipality, meanwhile, claims its decision to approve the development depended on Concordia Seawatch’s geotechnical reports.

For its part, Concordia Seawatch claims the contract the Goys signed had said the buyers are aware of and acknowledge its “geotechnical latent defect.” The developer denies negligence, and argues the district had other geotechnical information on the land that it “had a duty to share.”

Finally, the real estate agents deny negligence and claim the Goys failed to review geotechnical reports and documents that were provided to them or that they could have obtained with “reasonable” due diligence.

None of the claims has been proven in court.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Ucluelet releases COVID-19 Recovery Plan

Part of the recovery plan involves deploying three district staff as COVID-19 Community Monitors

Tofino mayor urges “kindness” as tourism reopens

“Health and safety matters to everyone.”

Resorts in Tofino and Ucluelet prepare to reopen in June

“We need to get the tourist economy in our communities back up and running.”

Pacific Rim National Park Reserve plans limited reopening on June 4

The Park Reserve shut down on March 18 to help prevent the spread of COVID-19.

Pacific Rim Hospice Society gifting free wellness “check-ins” to all West Coast residents

“This pandemic has led to a lot of isolation and it’s helpful for anybody just to have a soundboard.”

Feds looking at ways to reunite families amid COVID-19 border restrictions with U.S.

Some families with members of dual-citizenship have become separated due to the pandemic

Minneapolis cop who knelt on man’s neck charged with murder

Arrest comes after three days of protests, which escalated in violence as demonstrators torched a police precinct

Police watchdog recommends charges against five Mounties in Prince George man’s death

Police used pepper spray on the man, who then had trouble breathing before dying at the scene

B.C. tourism seeks relief as businesses wait for COVID-19 restrictions to ease

Mid-June earliest for more in-province travel to be authorized

VIDEO: Humpback whales put on quite a show

The ‘playful’ pod lingered by a Campbell River tour operator’s boat for quite some time

B.C. woman launches First Nations search, rescue and patrol program

Linda Peters envisions trained searchers ready to go at moment’s notice in each B.C. First Nation

Large cruise ships barred from Canadian waters until end of October: Garneau

Last year 140 cruise ships brought more than two million visitors to Canadian ports

Man who bound, murdered Vancouver Island teen still a risk to public: parole board

Kimberly Proctor’s killer is still ‘mismanaging emotions,’ has had ‘temper tantrums’

Getting hitched at historic B.C. gold rush town still on table during COVID-19 pandemic

Micro-weddings, online visits, offered at Barkerville Historic Town and Park

Most Read