UBC Okanagan denies role in cracked, evacuated Kelowna buildings

Photo: Cindy White

UBCO downtown Kelowna construction site with Hadgraft Wilson Place in background.

More than a year after cracks formed in the walls and foundations of a building that housed individuals with physical and mental disabilities, a clearer picture is emerging of the legal battle facing those involved.

UBC Properties Trust, the group behind the UBC Okanagan tower project that was in its excavation phase in downtown Kelowna when the cracks in the Hadgraft Wilson Place, the Legion and CoLab appeared, this week filed its response to a claim filed on behalf of the displaced residents in May 2024. It is just one of a long and growing list of engineering firms, construction companies, and other involved parties that undertook the work on the tower and is named in the potential class action lawsuit.

In the response, UBC Properties Trust denied all claims for financial relief to those asking for compensation and its responsibility for much of the damage, in general.

"The UBC defendants admit that some damage was experienced by Hadgraft Wilson Place, the CoLab Building, and the Legion Building, but denies 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, and put the plaintiffs and putative class members to the strict proof thereof," the document filed Feb. 18 reads, in part.

"The UBC defendants say that all material times they reasonably relied on the professionals and contractors they had retained to complete the excavation and construction activities safely on the lands."

They further deny that any other neighbouring buildings sustained any damage as alleged or at all.

Rather, UBC Properties Trust claims it retained competent and reputable consultants to design, construct and inspect the tower 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," according to their response.

They also refute the assertion that it had knowledge of any issue that would have given rise to a work stoppage.

All reports of damage to Hadgraft Wilson Place and the CoLab Building received by the UBC were provided to, and investigated by what they call qualified consultants and none of them told that the excavation process should stop, UBC Properties Trust said.

They said in their reply they acted reasonably in relying on the expertise and recommendations of various consultants and experts.

As for whether the university group fell short in helping those displaced—another claim made in the lawsuit—they deny that as well.

UBC Properties Trust lawyers pointed out in the response that the organization took steps to assist displaced residents from Hadgraft Wilson Place find alternate accommodations for after Aug. 15, 2024, including retaining a rental agent and offering the provision of emergency funding in the amount of $12,000 per person.

At the time, residents said that the funding was per unit — some of which housed more than two people.

"The UBC defendants deny that the plaintiffs and/or putative class members have suffered loss, expense or damage, as alleged or at all, and put them to the strict proof thereof," reads the counter claim.

The original suit was filed at the Vancouver registry of the Supreme Court of British Columbia on May 3, 2024 on behalf of Monique Saebels, Meghan Beckmann and Eight Spaces Group Inc. They are seeking a class action for anyone living in or doing business in buildings damaged by construction activities at 550 Doyle Avenue.

Saebels and Beckmann were tenants of Hadgraft Wilson Place, which is right next door to the UBCO site.

The apartment building operated by Pathways Abilities Society was evacuated at the end of March 2024 after residents say they started seeing cracks and other damage. Eight Spaces Group was operating Okanagan coLab in leased space at 1405 St. Paul Street, across the road from the construction site. That building was closed indefinitely in late 2023.

Among other things, they said the proposed UBCO development design and construction was not suitable for the particular geographic and soil conditions of the area and that it was constructed in a manner that would not damage surrounding properties.

Further, they claimed that potential for damage should have been known and those involved should have given warning.

The plaintiffs are looking to get the lawsuit certified as a class-action suit and will be in a Vancouver courtroom in March to start that process.