UBC denies its downtown Kelowna campus construction caused full extent of damage to surrounding buildings
Displaced residents have filed a lawsuit against UBC, city and others, alleging construction caused damage
The University of British Columbia (UBC) has denied causing the full extent of the damage to buildings surrounding its Kelowna, B.C., downtown campus construction site.
The university's position is laid out in a legal response to a lawsuit filed against it, the City of Kelowna, and other parties involved in the construction project by tenants of a nearby apartment building.
Last spring, the city ordered residents of Hadgraft Wilson Place to relocate after cracks started appearing in their building.
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Low-income tenants told to leave over UBC construction site risk
- Displaced tenants call for work to stop at UBC construction site
In their lawsuit, tenants Monique Saebels and Megan Beckmann and a company in another building are seeking court certification for a class action lawsuit involving anyone who lived in or did business in the buildings damaged by the construction project.
The lawsuit names UBC Properties Trust, the development company owned by UBC, along with the City of Kelowna and multiple construction and consulting companies associated with building UBC Okanagan's 46-story downtown campus tower.
None of the allegations have been proven in court.
UBC denies damage caused by excavation and construction activities
The construction project is the largest excavation in Kelowna's history, according to the city, and involves digging several stories down to build an underground parkade.
In its legal response, UBC acknowledged that Hadgraft Wilson Place and two other buildings experienced "some damage" but disputed the extent and cause of that damage.
The university denied "the nature and extent of damages alleged and further denies that all such damage was caused by the excavation and construction activities on the lands." It states the plaintiffs must provide proof of the damage they claim.
UBC also denied it "knew or ought to have known that the shoring wall was unstable and/or that excavation and construction on the lands posed a danger to adjacent properties," according to the legal response.
The university argued it retained "competent and reputable consultants and trades to design, construct and inspect the UBCO development and excavate the lands in a safe and proper manner, in compliance with all applicable building codes, bylaws and other regulatory requirements and industry standards, and in a manner that would avoid causing damage to neighbouring properties."
'It really seems they like they want to draw out this process'
Tenant Monique Saebels told CBC News she is frustrated by UBC's legal stance, arguing that the damage is undeniable.
"We were really hoping they would actually admit the damage to our building ... They still continue to deny and, I mean, the cracks [in the building] explain it for themselves," Saebels said.
"They have had all this opportunity to approach us and try to settle this out of court ... It really seems they like they want to draw out this process."
Last April, Kelowna's fire chief ordered 84 people living in a five-storey building to leave after "geotechnical and structural engineering reports for the construction of the UBCO downtown site raised safety concerns about the building."
The subsidized apartment building is owned by Pathways Abilities Society and opened less than one year prior to the evacuation order. Since then, the tenants, including many on low incomes and with disabilities, have had to find alternative places to live.
Tenants offered $12K each for expenses
UBC previously offered each displaced tenant $12,000 toward moving and accommodation costs. If the lawsuit succeeds, this amount will be deducted from any potential compensation, according to UBC's legal response.
In their lawsuit, the tenants claim UBC and the other parties should have known the design and construction of the downtown campus project would damage surrounding properties. The plaintiffs claim negligence by the defendants resulted in their displacement, which has caused depression, anxiety and stress along with property damage, increased rental costs, medical expenses and other expenses for tenants.
The university denies it owed a duty of care to warn and asserts it is not responsible for the damages claimed by the plaintiffs.
City of Kelowna denies responsibility for damage
The City of Kelowna and many of the other parties named in the lawsuit have filed legal responses.
In its response last year, the city claimed it was not responsible for construction activities at the UBC's construction site and denied liability for damage to surrounding buildings. The city said it relied on professional engineers to assess site conditions and ensure regulatory compliance.
When reached by email, a UBC spokesperson declined to comment on the lawsuit or its legal response, citing the ongoing litigation.
Work at the UBC's downtown campus site was halted last spring but resumed a week later. A UBC spokesperson said at the time that steps were taken to stabilize the excavation, including raising its depth with gravel and preparing for further construction.
Last year, in a statement, UBC said it remained "optimistic" about the future of Hadgraft Wilson Place but did not explain what work is needed to repair the building or ensure its long-term stability.
Saebels, however, believes the structural damage is too severe for repair and that the building is beyond saving.
"My personal feeling is no, that building will be torn down."
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