Lions Bay Responds to Civil Claim

Village lawyers deny legal obligation to maintain damaged bridge

Debris remaining on site from Battani Creek landslide. Photo by kc dyer.

Lawyers acting on behalf of the Village of Lions Bay responded this week to the civil claim arising from the Battani Creek disaster.

The family of Barbara and David Enns, who were killed when the Battani Creek debris torrent of December 14 demolished their home, filed a civil action on April 16, along with four of their neighbours. The action seeks damages from the province, the Village and local resident Steven Vestergaard, suggesting that development Vestergaard undertook on his property led to the debris torrent.

The property in question is situated on Crown land above Brunswick Beach, including the homes situated on Glendale and Goldenrod Avenues. The action alleges the province was aware of the risks posed by the development but failed to ensure the work was done to either remove the development, or render it safe.

While most of the compensation sought by the lawsuit is directed at the province and Vestergaard, the Village of Lions Bay is named when the plaintiffs suggest that "the Village or the Province or both, are liable for the costs of repair, maintenance and inspections of the Bridge and Glendale Road".

As part of their response to the claim, Village solicitors state that Lions Bay "has no legal obligation to incur costs to repair, maintain, or inspect the bridge or Glendale Road."

The Village is the only one of the three parties listed as defendants in the civil action to have provided a response so far.

The Watershed will continue to follow this developing story.

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