Landslide lawsuit filed against City of Penticton

A civil lawsuit claiming property damage from a landslide has been launched against the City of Penticton.

Filed in B.C. Supreme Court in Penticton on Feb. 4, the lawsuit claims that the city was negligent in regards to a leaking water main that eroded and destabilized a slope in an August 2020 landslide.

The claim says the landslide occurred between two properties, 718 Creekside Rd. and 645 Heather Rd., causing damage and also reducing property values in the area.

Plaintiffs Daniel Kay Lo and Sean Albert Wright are seeking general damages, alleging negligence by the defendant.

“The defendant was negligent in allowing the leak of its water main to continue over a period of time,” reads the claim, “causing significant soil erosion and ultimate de-stabilization of the slope causing the landslide which damaged the property at 718 Creekside Road.

“The defendant’s negligence led to diminution of property values of the properties located in the vicinity of the landslide including the plaintiffs’ property located next to 718 Creekside Road.”

Following the slide, the city issued a state of local emergency.

At the time, the city said it obtained advice from a geotechnical engineer and ordered two properties to be evacuated.

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An online search on B.C. Assessment shows that 718 Creekside Rd. has a 2021 assessed value of $208,001, down from $439,000 the previous year.

The land is said to be worth $208,000, with the building worth $1. The previous year, the land was worth $195,000, and the building $244,000.

The city said it “acknowledges this claim pertains to a landslide that occurred on or about August 6 2020.”

“This matter is being handled by the city’s liability insurance provider – Municipal Insurance Association of British Columbia – and given it is before the Courts, the city is not in position to provide further comment at this time,” it added.