The District of West Vancouver is being sued by a woman who says she fell into a sinkhole in the municipality’s Capilano View Cemetery.
In a notice of civil claim filed in B.C. Supreme Court, Anne Dedio says she was out for walk on the cemetery grounds on Oct. 29, 2021, when “the ground suddenly gave way and she fell into a sinkhole.”
The fall left her with neck, shoulder, back and hip injuries, the claim asserts, as well as tinnitus, tingling in her left arm, headaches, fatigue, insomnia, anxiety and nightmares. As a result, she now lives with pain, suffering, loss of enjoyment of life, permanent physical disability, and the loss of her ability to provide for herself and maintain her home. The suit states she already has had to cover medical costs, with more expected in the future.
Under B.C.’s Occupier’s Liability Act, the municipality had a duty to ensure the cemetery was designed and maintained to a standard that would be safe for anyone visiting, Dedio’s suit states.
“The plaintiff was conducting herself carefully, and was keeping a proper lookout at all material times,” the court documents read. “The incident was caused by the negligence of the defendant and in particular the defendant’s failure to take such care as would be reasonable to ensure that the premises … was in safe condition.”
Because of the district’s alleged negligence, Dedio is asking the courts to award her general and special damages as well as costs for health care, including some to be held in trust for her family who will have more responsibility for her care.
Dedio’s claims have not been tested in court and the district has not yet filed a response to the suit.
Reached for comment on Sept. 1, the district did provide a statement.
"The district was notified of this incident in March and has forwarded the information to our insurers, as is our typical protocol. As this matter is now before the courts, we are unable to provide comment," it read.
