Houseboat company sues province, Sicamous over 2012 flooding

Sixty-day trial now underway in BC Supreme Court in Kelowna

A giant flood in Sicamous may have occurred six years ago, but the disaster remains front and centre in a Kelowna courtroom.

In BC Supreme Court in Kelowna, Waterway Houseboats Ltd., individual houseboat owners, and Vinco Holdings Ltd. are suing the District of Sicamous, the provincial government and two homeowners over the 2012 flood.

According to court documents, the source of their claim goes back to 1997 when Sicamous Creek overflowed its banks. Remediation work included channel dredging and bank repairs to the creek, and the re-installation of a private access bridge to private property.

“On June 23, 2012, there was a second flood… causing what the plaintiffs describe as ‘catastrophic’ physical damage to the Vinco property and and Waterway’s infrastructure and prevented Waterway from operating its houseboat business for a period of time,” states the document. “The plaintiffs sue the defendants alleging the 2012 flood was caused by the remediation work and its improper design and construction.”

The Vinco property is described as the site where Waterway operates a houseboat rental business and marina.

Related: Local state of emergency declared for 2 Mile and Swansea Point near Sicamous

Related: Houseboat company’s lawsuit claims government negligence

In reply, the defendants deny the allegations.

The District of Sicamous makes a number of arguments, including that it had no involvement in the re-installation of the private bridge, other than helping the owners obtain provincial emergency funding, nor did it have responsibility for designing or restoring the channel of Sicamous Creek.

Court documents outlining the district’s position also state that from 2006 and after, the plaintiffs were aware through their own engineer that the risk of flood or debris flood impact was moderate to high at the Vinco property.

A scheduled 60-day trial of the case that was set to get underway on April 3 was adjourned to April 16 when the defendants applied to ‘strike’ the claims against them.

Justice G.P. Weatherill heard the lawyers’ arguments and, on April 13, agreed with the plaintiffs that the trial should proceed. He dismissed the defendants’ claims and the trial is underway.


@SalmonArm
marthawickett@saobserver.net

Like us on Facebook and follow us on Twitter

Just Posted

Advance Voting in Revelstoke a success

The municiple election season is well underway with advance voting held on Oct. 10 and Oct. 17

Revelstoke peewee Grizzlies lose to Vernon

The Revelstoke Grizzlies Peewee Tier 3 team played Vernon on Saturday, losing… Continue reading

Fred Penner is coming to Revelstoke

The iconic children’s entertainer will be at the Revelstoke Performing Arts Centre Oct. 20

VIDEO: This is what buying legal pot in B.C. looks like

Take a look inside B.C.’s first and only legal pot shop located in Kamloops

Glimpses of Revelstoke’s past for Oct. 14

125 Years Ago: Kootenay Star, October 21, 1893 Revelstoke Station is rapidly… Continue reading

B.C. NDP retreats again on empty-home tax for urban areas

Rate reduced for all Canadians, dissident mayors to get annual meeting

Man shot to death while using Lower Mainland ATM

Police believe incident on Thursday night to be targeted

Jets score 3 late goals to beat Canucks 4-1

Winnipeg ends three-game Vancouver win streak

Okanagan water conference builds connections

Experts gathered to discuss water and fisherie sustainability objectives

Two B.C. cannabis dispensaries raided on legalization day

Port Alberni dispensaries ticketed for “unlawful sale” of cannabis

Canada not sending anyone to Saudi business summit

Sources insist Ottawa never intended to dispatch a delegation this time around

Earthquake early-warning sensors installed off coast of B.C.

The first-of-its kind warning sensors are developed by Ocean Networks Canada

VPD ordered to co-operate with B.C. police watchdog probe

According to the IIO, a court is ordering Vancouver police to co-operate with an investigation into a fatal shooting

B.C. woman looks to reduce stigma surrounding weed-smoking moms

Shannon Chiarenza, a Vancouver mom of two, started weedmama.ca to act as a guide for newcomers to legal cannabis, specifically mothers

Most Read