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.

Just Posted

Stone Soup charity gets stone cold response to recycling efforts in Nanaimo

City orders ongoing fundraising through recycling stopped due to neighbourhood complaints

Missing python found under vehicle in Victoria

The snake was located more than six kilometres from where it went missing

Feeding ducks bread crumbs is a harmful habit

Wild Arc suggests to never feed wildlife in general

UVic political scientist wants B.C. pulp mills to help produce masks, gowns

Claire Cutler says Canada needs to become self-sufficient when manufacturing PPE

Nanaimo firefighters get soaked to help burn fund

Firefighters film gag video wins people’s choice award

B.C. records new COVID-19 death, 85 more cases; Horgan calls on celebrity help

This brings the total number of active confirmed cases to 531 across the province

Wedding party bear sprayed at Okanagan campsite irks locals

Latest criminal activity at the Meadows leaves locals frustrated

Paramedics fired for allowing patient to crawl for treatment on Downtown Eastside: court documents

The man spent three days in intensive care and three months recovering in hospital from sepsis

Feds seeking private consultant to design firearm buyback program

The ban covers some 1,500 models and variants of what the government considers assault-style weapons

Face masks for teachers can impact learning on young children, experts say

Face coverings, mandatory in most indoor public places across the province, can help limit the spread of COVID-19

Horvat scores 2 as Vancouver Canucks beat Blues 5-2 in NHL playoff opener

Game 2 in best-of-seven series goes Friday night

Eighteen unattended cannabis plants discovered near Saanich trail

Plants cannot legally be grown in public spaces

Police investigating alleged assault on Oak Bay Avenue

Staff at Oak Bay Home Hardware say one person was taken to hospital

Most Read