A Sandy Cove couple is suing the District of West Vancouver, alleging the municipality’s shoddy drainage system left their waterfront home flooded.
In a notice of civil claim filed in B.C. Supreme Court last week, James and Julie Szabo say the municipality is at fault for not keeping the pipes in Erwin Park, which is two lots away, in working order.
“In or around Dec. 20, 2018, heavy rains and blockages within the drainage system resulted in water overflowing from the park to the Szabo residence and neighbouring properties,” the claim states. “As a result of the flooding event, the Szabo residence suffered a substantial and rapid drain backup, which left two to three feet of water within their finished basement.”
The two-story home was newly renovated and “high end,” the civil claim notes.
After the flood, the district determined that a pipe in the system was compromised, and modifications were required, including the a new catch basin and back water valve, a duckbill on the outlet line and a sump pump, the claim continues.
The district owed the residents a duty of care to ensure their drainage system was designed and operating in accordance with industry standards, the Szabos claim, including proper inspections, maintenance and upgrades as required, by competent and qualified contractors.
The suit also names two John Does and an ABC Company (names used in place of actual names not known to a party filing a lawsuit) hired by the district, for being negligent.
The district also should have warned the owners of neighbouring properties about the flood risk, the claim adds.
The Szabos are asking the courts for an order requiring the district to pay general and special damages, plus interest.
In a statement, district staff say they are reviewing the claim and will not be making comment.
