An Upper Dundarave homeowner is suing the District of West Vancouver, alleging the municipality’s negligence is to blame for flooding damage of his home in the Oct. 2024 atmospheric river.
According to civil claim filed in B.C. Supreme Court, Philip Langridge’s home on the 2500 block of Mathers Avenue was left with such severe damage, he and his wife were forced to move out to a rental property while remediation work was done.
Environment Canada issued a rainfall warning three days before the flooding, predicting rainfall as much as 200 millimetres. Around 9 a.m. on Oct. 19, the day of the flood, the culvert and debris screen at Marr Creek became blocked, the claim states.
“Marr Creek overflowed its banks and flowed across Mathers Avenue … where it proceeded to flow through the plaintiffs’ property, including on both the main floor and lower floor levels, with water rising to a height of approximately five feet on the lower level,” the suit states.
Among the parts of the home and belongings damaged by water and mud listed in the suit: fitness equipment, couches and chairs, hardwood flooring, rugs, a media room with a 75-inch 8K TV, a stereo, a built-in bar and a wine room with racking for 240 bottles of wine; two bedrooms containing furniture, family photographs, sports equipment and clothing; the home’s laundry room, the hot water thank and HVAC system, and the garage with a car, tools, and bicycles.
The district owed a duty of care to the nearby residents, the claim argues, to maintain the creek and prevent it from flooding.
The district failed to inspect the creek and keep it clear of obstructions such as trees, bushes and boulders that could cause flooding, and the municipality failed to design the culvert to sufficient width to prevent flooding, the claim alleges.
In the court documents, the Langridges quote this district’s own website.
“District Roads and Utilities staff clear debris screens in streams and creeks as well as catch basins in preparation for storm events. The district has operational procedures and protocols in place for flood control, with a focus on events where rainfall of 50 mm or more is forecast.”
There had been another flood of Marr Creek in 1955, which the district would have been aware of, the claim adds.
The provincial government did launch a disaster financial assistance fund available to people affected by the flood to a maximum of $400,000 though compensation for individual items is capped at levels that “do not reflect the true loss suffered by the plaintiffs” and any money awarded through a lawsuit for the same damages would have to be repaid.
The Langridges are asking the courts for an order that the district pay them damages for negligence and mental distress, plus interest, their legal costs and aggravated damages.
This district has not yet filed a response to the notice of civil claim.
It is the second lawsuit filed against the district related to the Oct. 19 storm. Because they are before the courts, the district could not provide any comment, a spokesperson said.
