Landslide Lawsuit Draws Response

Countersuit cites "harassment, threats"

Fence with signage erected by the Village of Lions Bay, with debris from the Battani Creek landslide in the background. Photo by kc dyer.

Steven Vestergaard, one of the defendants in the civil action filed by the family of the couple killed in the Battani Creek debris torrent and landslide, has responded to the suit.

In a filing with the BC Supreme Court on June 5, Vestergaard denies any responsibility for the landslide that swept away the home of David and Barbara Enns on December 14 last year. The landslide resulted in the deaths of the Enns, damage to neighbouring homes, and a shut-down of the Sea to Sky highway until debris was cleared.

The lawsuit filed by the children of David and Barbara Enns and their neighbours Fiona and Raymond Fourie, Michelle Medland and Sean Barry on April 16 alleges that a reservoir constructed on Crown land above Lions Bay was done so illegally. It alleges that both Steve Vestergaard, who built the reservoir and associated works, and the Province failed to adequately comply with directives laid out in a 2014 geotechnical report and ensure that the known risks associated with the constructed works were resolved or mitigated. None of these allegations have been proved in court.

In his response to the claim, Vestergaard states that all the construction he undertook was legal and authorized by various permits since 1987, and that he is not responsible for the debris flow or the damage resulting from it.

The Village of Lions Bay was also named in the initial suit with regard to being liable, along with the province, for the repair, maintenance and inspections of the bridge and Glendale Road leading up to the plaintiffs' homes.

On May 23, the Village responded to the action, declaring that neither the bridge nor Glendale Road are considered public highway, and that the Village has no obligation to repair or maintain the bridge or road.

The province has not yet responded to the April 16 civil suit.

Vestergaard also filed a counterclaim against the Enns estate, Medland, Barry and the Fouries on June 5.

Among the list of claims in this action, he says the plaintiffs have "gone on an aggressive media campaign to slander me" and engaged in a "coordinated campaign of harassment, threats and false accusations". He is seeking general, aggravated and punitive damages.

The Watershed values your opinion.

Share your thoughts below, or email editor@lionsbaywatershed.ca

Like what you're reading?

For as little as $5/month, you can support local independent journalism

by subscribing to The Watershed HERE.