The property on Vancouver Place the City of Penticton is being sued over, as captured on Google Streetview in 2015. (Google Earth)

Homeowners sue for damage from alleged City of Penticton negligence

The Vancouver Place house allegedly sunk two feet due to a leaking curb drainage system

The owners of a home on Penticton’s Vancouver Hill are suing for damages they claimed were caused by the City of Penticton’s negligence.

Ashley Love and Dawid Spamer filed their claim in B.C. Supreme Court in Penticton on April 7 and allege that a broken curb drainage system caused their house to sink two feet.

As a result, they are suing the city for being negligent in monitoring and maintaining civic infrastructure, as well as in maintaining civic records.

According to the claim, on Oct. 11, 2021, the house on Vancouver Place and the surrounding land suddenly sank, allegedly due to excessive water exposure from a leak in the curb drainage. That drainage system runs along the edge of the property and along Lower Bench Road.

Love and Spamer purchased the property on Feb. 1, 2021, and had requested city records beforehand regarding the property. According to the claim, the city records they had requested and received did not show any previous issues with the property and/or the surrounding area, any geological or engineering reports, and any open or closed building permits for the property.

The homeowners are seeking to have the city pay for the damage done to their property, the loss of value due to the house sinking, and for the city to cover the cost for repairs and stabilizing the ground.

The City of Penticton has not yet filed a response. None of the claims have been proven in court.

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