A class action lawsuit has been filed on behalf of Hadgraft Wilson Place residents and select business owners against UBC Properties Trust, the City of Kelowna, and at least 15 others over the construction of the UBC Okanagan Development in downtown Kelowna.
Residents of the low-income apartments were displaced on April 2, after a planned evacuation of the building was ordered by the city91裸聊视频檚 fire chief as neighbouring construction caused ground shifting and visible cracks at the Hadgraft Wilson Place.
The civil suit was filed on May 3, in B.C. Supreme Court.
91裸聊视频淎 class action provides access to justice to those affected by these events, many of whom live on limited income, have disabilities, or are small business owners and not-for-profit organizations,91裸聊视频� said Polina H. Furtula, counsel for the plaintiffs.
The lawsuit alleges the UBCO 43-storey development is not suitable for the geotechnical conditions of the area.
It is stated in the claim that as early as July 2023, two months after breaking ground on the project, those involved with the UBCO Development in downtown Kelowna were informed the construction was causing structural issues of several other area buildings.
91裸聊视频淗owever, they (the defendants) failed to stop construction and excavation activities on the Lands or warn the plaintiffs and Class members of the resultant damage and the dangerous conditions to the surrounding properties,91裸聊视频� stated the claim.
Then in November, businesses operating in the CoLab building were told to evacuate due to 91裸聊视频渟tructural and other damage caused by the excavation and construction.91裸聊视频�
Two days later the city issued a stop work order. However, the civil claim alleges that the city was aware several months prior, 91裸聊视频渢hat work was being conducted by the other defendants, or each of them, at the CoLab building without a permit, but (the city) failed to issue a stop work order.91裸聊视频�
On Jan.2, 2024, the Royal Canadian Legion Branch 26 located at 1380 Bertram Street, was evacuated 91裸聊视频渄ue to the excavation and construction activities on the UBCO downtown campus.91裸聊视频�
The lawsuit alleges negligence on the behalf of the developers, architects, geotechnical consultants, structural consultants, general contractors, and the City of Kelowna, stating they all had, 91裸聊视频渁 duty to take reasonable care91裸聊视频� and a duty 91裸聊视频渢o warn that the excavation and construction of the UBCO Development on the Lands would give rise to the resultant damage and the dangerous conditions to the surrounding properties.91裸聊视频�
According to Furtula, the plaintiffs are looking to cover lost income, costs and expenses for storage, food, shelter, pet care, clothing and furniture that the residents would otherwise not have incurred, and seek to recover damages for personal injury, such as depression and anxiety, stress, high blood pressure and others.
READ MORE: Call for UBC Properties Trust to cease downtown Kelowna construction
Residents of Hadgraft Wilson Place are currently living in new dorms built by Okanagan College after being moved from hotel to hotel for a month. The tenants continue to pay Pathways Abilities Society their monthly rent in exchange for assistance while evacuated.
None of the accusations have been proven in court and there has yet to be a response filed to the civil claim.
Black Press Media has reached out to UBCO, UBC Properties Trust, and the City of Kelowna for comment.
READ MORE: 91裸聊视频榃e91裸聊视频檙e fighting for Jim91裸聊视频�: Namesake, resident of evacuated Kelowna apartment dies
