BC flooding lawsuits: District of North Van sued



Three months before the storm, the district was warned that its culvert had caved in, the suit alleges.

 

Numerous lawsuits have been filed in B.C. Supreme Court after a North Vancouver culvert collapsed during a storm, blocking a creek and sending water into a Canyon Heights home.

In May 2024, the creek running behind a home on Handsworth Road overflowed its banks during heavy rains and floodwater ran into the rental’s basement, according to the civil claim filed in B.C. Supreme Court.

Just three months earlier, the district had received a culvert maintenance inspection report that found the creek culvert’s concrete structure had “caved in” and that overland water was not properly flowing through, the suit alleges.

“Despite receiving the report, at no material time did the defendant take any action to repair or remediate the culvert,” the court documents state.

The flood damaged the home’s drywall, flooring, foundation, furnace and hot water tank, the suit alleges, and it exposed asbestos, which required emergency remediation.

It took until February 2025 for the home to be repaired. While that was going on, property owner Xinchu Zhang had to reduce the tenants’ rent, the claim states.

In the suit, Zhang is asking the court to award general and special damages plus legal costs.

“At all material times, the defendant owed a duty of care and statutory duties to the plaintiff to exercise all reasonable care, skill, and diligence of a prudent and competent municipality and property owner in inspecting, operating, maintaining and responding to incidents with overland water systems near the property,” the claim states.

Zhang’s allegations have not been proven in court and the district has not yet filed a response to the suit.

A second lawsuit from the home’s tenants filed just days after Zhang’s suit makes similar allegations but it also names Zhang as a defendant.

In their claim, Cara-Lynn Hodgson and Colin Brady Green say they too were faced with uninsured losses, repair costs, out of pocket expenses and inconvenience and hardship.

A district spokesperson declined to comment while the matter is before the courts.

Zhang’s lawyer also declined to comment.

This story has been updated to add information about a second, related lawsuit.





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