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

One dead after fiery crash in Duncan

A man has died after a fiery motor vehicle collision Monday night,… Continue reading

More Roaring ’20s murder mystery mayhem delivered by Chemainus’ Adams

Mugsy at the forefront of director’s dinner theatre and afternoon tea shows in Duncan

Christmas classic Miracle on 34th Street returns to Chemainus stage for the holidays

‘Miracle on 34th Street: heartwarming story is back after more than a decade away

REMEMBRANCE DAY: Fairbridge School students gave their all for the war effort

There are 78 students and 11 staff members listed on the memorial scroll in the old school chapel.

Petition to ‘bring back Don Cherry’ goes viral after immigrant poppy rant

Cherry was fired from his co-hosting role for the Coach’s Corner segment on Nov. 11.

B.C.’s high gasoline prices still a mystery, Premier John Horgan says

NDP plans legislation this month, seeks action from Justin Trudeau

Group walking on thin ice at B.C. lake sparks warning from RCMP

At least seven people were spotted on Joffre Lakes, although the ice is not thick enough to be walked on

VIDEO: Don Cherry says he was fired, not sorry for ‘Coach’s Corner’ poppy rant

Cherry denies he was singling out visible minorities with his comments

Woman airlifted with serious injuries after being struck by car in Nanaimo

Woman, hit in crosswalk, suffers life-threatening injuries; driver co-operating with police

B.C. teacher suspended for incessantly messaging student, writing friendship letter

Female teacher pursued Grade 12 student for friendship even after being rebuked

Vancouver Island substitute teacher said he wanted a student to ‘whack’ two others on Grade 8 field trip

Campbell River teacher-on-call suspended three weeks after November 2018 incident

Disney Plus streaming service hits Canada with tech hurdles

Service costs $8.99 per month, or $89.99 per year, in Canada

Trudeau’s opponents: One gives him an earful, another seeks common ground

PM meets with Conservative leader Andrew Scheer and Saskatchewan Premier Scott Moe

Most Read