Responses to a civil lawsuit filed by displaced residents of a low-income apartment building in 麻豆精选 continue to be filed, but not one of the defendants has thus far accepted responsibility for the damage.
Nearly one year ago residents from Hadgraft Wilson Place were evacuated due to structural concerns caused by ground shifting stemming from the construction of the University of B.C. Okanagan Campus tower downtown.
Former Hadgraft Wilson PLace tenants Megan Beckmann and Monique Saebels and Eight Spaces Group Inc. filed the civil suit in the Supreme Court of B.C. by on May 3, 2024, after being forced to evacuate the five-story low-income building in March 2024. The construction also caused damage resulting in the evacuation of the CoLab Building and the Royal Canadian Legion in downtown 麻豆精选.
The suit alleges that ground shifting caused by the construction on the University of B.C. Okanagan Development tower directly resulted in the formation of visible cracks and structural damage to the apartment building. The City of 麻豆精选 Fire Chief ordered the evacuation of Hadgraft Wilson Place on March 30.
Fifteen defendants are named in the suit, including; UBC Properties Investments Ltd (in its capacity as trustee of UBC Properties Trust), Doyle Street Properties Ltd., Geopacific Consultants Ltd., Geopacific Consultants (B.C.) Ltd., Kane Consulting Inc., Kane Consulting (2008) Limited, Glotman Simpson Consulting Engineers, HCMA Architecture and Design, Ledcor Construction Limited, Ledcordsign-build (B.C.) Inc., Bauer Foundations Canada Inc., and Green Infastructure Partners Inc., and the City of 麻豆精选.
On Feb. 18, UBC Properties Investments Ltd., the organization overseeing and funding the construction of the downtown campus tower called 'UBC Okanagan Development', filed a response to the civil suit and is denying all allegations of negligence, harm and damage. It is the seventh filed response to be filed all of which deny any wrongdoing.
At the time of publication responses have been filed by UBCO Properties Investments Ltd., the City of 麻豆精选, Glotman Simpson Consulting Engineers, Geopacific Consultants Ltd., HCMA Architecture and Design, Ledcor Construction Limited, and Bauer Fondations Canada Inc.
The lawsuit alleges that the named organizations and individuals were negligent and failed to "protect people and property from hazardous conditions." The plaintiffs are seeking payment for damages including; costs and expenses for storage, moving expenses, food, shelter, pet care, clothing and furniture that the residents would otherwise not have incurred, depression and anxiety, stress, and high blood pressure. Many of the former residents of Hadgraft Wilson Place have physical and/or cognitive disabilities, mental illness or developmental disorders and found the sudden forced evacuation and ensuing logistical challenges of securing housing traumatic.
UBC Properties Investments Ltd., alleges that the excavation work for the construction project was supervised and monitored by third party professional engineers and consultants, who have also been named in the suit. The UBC Defendants claim to have relied on the guidance from on the professionals and contractors they had retained to complete the excavation and construction activities safely.
UBC Properties Investments alleges that the consultants and experts did not make any recommendations that excavations on the tower project should be stopped.
"All recommendations made by consultants and experts were followed by the UBC Defendants," states the response.
As such, UBC Properties alleges that it acted reasonably in relying on on the expertise and recommendations of the consultants. It states that all work was done in accordance with the necessary permits, codes and bylaws.
In June 2024, UBC Properties Investments Ltd. helped displaced residents from Hadgraft Wilson Place to find alternate accommodations and provided "emergency funding" in the amount of $12,000 per tenant, payable upon request, to offset moving costs and increased rental costs. The terms of the payment state that if UBC Properties Investments are liable to provide payment for damages caused, any tenant who accepted the $12,000, will have the amount deducted from their awarded sum.
However, in response to the suit, UBC Properties Investments Ltd., denies "each and every allegation."
While UBC admits that some damage was experienced by Hadgraft Wilson Place, the CoLab Building, and the Legion Building, it denies the nature and extent of damages alleged.
In a response to the suit filed on November, 2024, by the City of 麻豆精选, it claims that it became aware of "possible subsidence or other damage," to Hadgraft Wilson Place on nearby buildings in November 2023.
The City of 麻豆精选 concedes that construction activities conducted on the UBC Okanagan Development land caused damage to the Hadgraft Wilson Place Building but denies wrongdoing. It claims that the city did not contribute to or cause the damage to Hadgraft Wilson Place.
