A lawsuit has been filed against various parties involved in the construction and design of UBC Okanagan’s downtown tower. The lawsuit, filed on behalf of residents of the evacuated Hadgraft Wilson Place and Eight Spaces Group Inc., alleges negligence on the part of architects, City of Kelowna employees, and others involved in the project. The residents claim to have suffered personal injuries, costs, and damages due to the alleged negligence and are seeking financial compensation for various expenses, including lost revenue, relocation, shelter, storage, and property damage. The lawsuit also accuses the defendants of causing interference with the plaintiffs’ use and enjoyment of their properties and claims that they should have known about the potential damage caused by the construction methods used on the Doyle Avenue property.
The defendants named in the lawsuit have not responded to the claims made by the plaintiffs. The 84 residents of Hadgraft Wilson Place, who catered to individuals with mental and physical challenges, have been displaced since April, staying in various hotels until finding temporary housing at Okanagan College residence building. The unsafe conditions of the building are believed to be the result of the construction of the UBC Okanagan tower next door. UBC Properties Trust has resumed work at UBCO Downtown and is working to assess the extent of the damage in order to determine necessary repairs.
UBCO spokesperson Nathan Skolski has stated that they have requested access to Hadgraft Wilson Place in order to assess potential repairs but are awaiting decisions from BC Housing and their insurance providers. As the property does not belong to UBC Properties Trust, they rely on engineering reports commissioned by BC Housing and their insurers to determine the extent and nature of any needed remediation. Currently, UBC Okanagan does not have access to these reports and cannot speak to their findings.
The residents of Hadgraft Wilson Place have found temporary housing at Okanagan College residence building until August 15, after which they will need to relocate again. The residents have expressed uncertainty about where they will move next. The lawsuit claims that the defendants should have warned residents about the potential damage caused by the construction of the UBC Okanagan tower, which led to cracked foundations and dangerous conditions in nearby buildings. The plaintiffs seek damages for the interference with their use and enjoyment of their properties, as well as compensation for the various costs and damages they have incurred as a result of the alleged negligence during the development and construction process.
