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

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

Mayor Walt Cobb waves from atop a tractor as he turns onto Oliver Street in the Daybreak Rotary’s annual Stampede Parade. Patrick Davies photo.
Lack of funding, volunteers has Daybreak Rotary bowing out of Williams Lake Stampede parade

Club learned this week it won’t be receiving local government funding, for the second year in a row

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. (THE CANADIAN PRESS/Paul Chiasson)
30 new COVID-19 cases, five more deaths in Interior Health

This brings the total number of cases to 7,271 since testing began

Williams Lake’s Brock Hoyer films a segment of the newly-released The Way Home in the city of Revelstoke. (Ryen Dunford photo)
Brock Hoyer stars in new snowbike film: The Way Home

The film is completely free and was released on YouTube on Jan. 22, 2021

The body of Kenneth Seymour Michell was discovered Jan. 14, 2021, behind a Williams Lake business a day after he was released by a judge on conditions. (Photo submitted)
Family looks for answers after Indigenous man dies by suicide following release from custody

System does not care about Indigenous peoples, says First Nations Leadership Council

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

The late Michael Gregory, 57, is accused of sexually exploiting six junior high students between 1999 and 2005. (Pixabay)
Former Alberta teacher accused of sexually assaulting students found dead in B.C.

Mounties say Michael Gregory’s death has been deemed ‘non-suspicious’

According to a new poll, a majority of Canadians want to see illicit drugs decriminalized. (THE ASSOCIATED PRESS)
Majority of Canadians think it’s high time to decriminalize illicit drugs: poll

More than two-times the B.C. residents know someone who died from an overdose compared to rest of Canada

Interior Health officially declared a COVID-19 outbreak at Creekside Landing in Vernon on Jan. 3, which was followed by the first death from the virus 10 days later. (Kaigo photo)
COVID outbreak over at Vernon care home

Creekside Landing cleared of coronavirus, despite additional death in last day

(Black Press Media file photo)
B.C. residents can reserve provincial camp sites starting March 8

B.C. residents get priority access to camping reservations in province

Two women were arrested in Nanaimo for refusing to wear masks and causing disturbance on a BC Ferries vessel. (File photo)
B.C. ferry passengers arrested and fined for disturbance, refusing to wear masks

Police said woman threatened their pensions in Feb. 21 incident aboard Nanaimo-bound boat

Most Read