A B.C. Supreme Court ruling found the Province of British Columbia and the District of Sicamous liable for damages caused to Waterway Houseboats 2 Mile operation during the 2012 debris flood. All parties involved are now appealing. (File photo)

A B.C. Supreme Court ruling found the Province of British Columbia and the District of Sicamous liable for damages caused to Waterway Houseboats 2 Mile operation during the 2012 debris flood. All parties involved are now appealing. (File photo)

Waterway Houseboats’ courtroom saga to continue

Appeals from all parties involved in the 2019 Supreme court case were considered Dec. 30.

Courtroom proceedings to determine where to lay blame for the 2012 Sicamous Creek flood which damaged the nearby Waterway Houseboats property continued as a series of appeals were allowed at a BC Court of Appeal hearing on Dec. 30 in Vancouver.

Further proceedings have not been scheduled yet.

In April 2019, a judge ruled that the Province of British Columbia and the District of Sicamous as well as the owners of a nearby property were responsible for the damage. The basis of the decision was that a blockage beneath a private bridge leading to a property could have been prevented if the bridge was replaced by a taller span and the creek was dredged following flooding in 1997.

A truck swept into the creek by the 2012 flooding became lodged under the bridge, quickly creating a blockage which the court heard caused the creek to burst its banks.

The District of Sicamous and the province were found liable for their role in overseeing the mitigation work in the creek and the replacement of the private bridge. Bryan and Constance McLaughlin, the owners of the property which the bridge led to, were also found liable in the initial suit.

Read More: Shuswap Search and Rescue respond after fisherman falls through ice on Gardom Lake

Read More: Chase RCMP warn drivers after ‘brake-checking’ reportedly leads to collision

In the initial judgment Justice Gary Weatherill found Waterway Houseboats and associated company Vinco Holdings were also partly liable for the damage to their property as they failed to take flood mitigation measures when moving their business onto the property.

Waterway was awarded more than $2 million in damages but it was not enough to satisfy its creditors and the company entered receivership in June 2019.

Appeals were filed by all three defendant groups and the houseboat company itself immediately after the April 2019 judgment. A hearing on the various appeals was held in June 2020 and a decision was made public on Dec. 30, 2020.

Read More: THE LATEST: Amid Capitol violence, Facebook, Twitter remove Trump video

Read More: One more death, 71 new cases of COVID-19 in Interior Health

The judges allowed the appeal from the District of Sicamous. It was found that in the initial case, the judge erred in finding the District of Sicamous liable to the individual owners of the houseboats in Waterway’s fleet under the Water Act. The question of its liability to the boat owners regarding negligence and nuisance will be heading back to court.

The province’s appeal was also allowed with the judge finding that it did not owe a duty of care to the plaintiffs. The issue of whether the province owed a duty of care to the McLaughlins and if they breached the standard of care will be remitted to trial court. The remainder of the McLaughlins’ grounds of appeal were dismissed.

Waterway and Vinco’s appeal was allowed but only to the extent that the judge in the initial trial made errors in his analysis of whether company negligence contributed to the loss they suffered in the 2012 flood. It will also return to court.



jim.elliot@saobserver.net

Like us on Facebook and follow us on Twitter

CourtSicamous

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The proposed Skaha Lake Road housing project will be modelled after the Burdock House on Winnipeg St., said BC Housing.
BC Housing panel peppered with questions about Skaha housing project

Virtual meeting involved questions about crime, level of supports, timelines

(Stock photo)
EDITORIAL: COVID-19 restrictions continue to affect us all

Canada has recorded more than 700,000 confirmed cases of pandemic

Amanda Parsons, a registered nurse on staff at the Northwood Care facility, administers a dose of the Moderna vaccine to Ann Hicks, 77, in Halifax on Monday, Jan. 11, 2021. THE CANADIAN PRESS/Andrew Vaughan-Pool
61 new COVID-19 cases, two more deaths in Interior Health

Twenty-nine people are in hospital, seven of whom are in intensive care

Landmark Cinemas Penticton was forced to close down when the provincial government ordered all theatres to close when new COVID-19 restrictions were brought in Nov. 19, 2020. (Monique Tamminga Western News)
Despite ‘devastating’ losses the show will eventually go on at Penticton theatre

Landmark Cinemas has been offering movie popcorn since having to close in November

Ace Academy: Flight Experience is a digital interactive exhibition from the Canadian Aviation and Space Museum. The exhibition is currently at the Penticton Museum and Archives. (Canada and Aviation Space Museum)
Penticton museum hosts innovative way to simulate authentic flight experience

Ace Academy: Flight Experience is a digital interactive exhibition currently touring across Canada

Charlotte is one of the resident pigs at Star's Piggly Wiggly's Sanctuary near Kelowna. (Twila Amato - Black Press Media)
Kelowna-area pig sanctuary needs a new home

Star’s Piggly Wiggly’s Sanctuary is looking for properties in Vernon, Coldstream, and Enderby

The Regional District of North Okanagan is cautioning residents to watch for rock slides along the Okanagan Rail Trail during freeze-thaw season. (RDNO photo)
Residents urged to watch for rockfalls on Okanagan Rail Trail

RDNO reminds rail trail travellers to heed rockfall warning signs during freeze-thaw season

Toronto’s Mass Vaccination Clinic is shown on Sunday January 17, 2021. THE CANADIAN PRESS/Frank Gunn
Canadian malls, conference centres, hotels offer up space for COVID vaccination centres

Commercial real estate association REALPAC said that a similar initiative was seeing success in the U.K.

Flags line the National Mall towards the Capitol Building as events get underway for President-elect Joe Biden’s inauguration ceremony, Wednesday, Jan. 20, 2021, in Washington. (AP Photo/Julio Cortez)
Joe Biden has been sworn in as the 46th president of the United States

About 25,000 National Guard members have been dispatched to Washington

A memorial for the fatal bus crash involving the Humboldt Broncos hockey team at the intersection of Highways 35 and 335 near Tisdale, Tuesday, October 27, 2020. THE CANADIAN PRESS/Liam Richards
‘End of the road:’ Truck driver in Humboldt Broncos crash awaits deportation decision

Sidhu was sentenced almost two years ago to eight years after pleading guilty to dangerous driving

A couple living at the Summerland Waterfront Resort is trying to sell their unit because of strata changes which will require them to pay significantly higher strata fees or have their unit included in the resort’s rental pool (John Arendt - Summerland Review)
Permanent residents of Summerland resort must move or face major fee increase

Permanent residents of Summerland Waterfront Resort told fees will more than double

Cumberland photographer Sara Kemper recently took the top spot in a Canadian Geographic photography contest. Photo by Sara Kemper
B.C. photographer takes top Canadian Geographic photo prize

Sara Kemper shows what home means to her in Comox Valley photo

(Big White Ski Resort)
28 more cases of COVID-19 linked to Big White cluster

More than 200 cases have been identified since the cluster was announced

Police are seeking further witnesses after an elderly woman who was struck by a vehicle in Salmon Arm succumbed to her injuries. (File Photo)
Salmon Arm pedestrian dies after being hit by truck along Highway 1

Collision took place on Jan. 15 in downtown Salmon Arm, police looking for witnesses

Most Read