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A Vernon, B.C., retirement community is seeking to recover over $197,400 after a resident didn’t leave his home during a devastating wildfire in 2021.
Parker Cove Development, which leases land from the Okanagan Indian Band in the Westside Road area, sub-leases lots to its over 350 residents along the shore of Okanagan Lake.
Two of those residents — Carmen Gerow and Robyn Gerow — were sued by Parker Cove after Robyn stayed behind in his home despite evacuation orders due to the nearby White Rock Lake wildfire in the summer of 2021.
In a notice of civil claim filed on May 27, Parker Cove claims that Robyn Gerow’s failure to leave his home put the entire community at risk.
“By so doing, Mr. Gerow put all of the 350 [homes] in the Parker Cove Development at risk as the [B.C.] Wildfire Service advised that fire retardant would not be deployed by airplanes if there were any people on the grounds,” the notice reads.
In two separate lawsuits, Parker Cove had sought to terminate the Gerows’ sub-leases over Robyn’s failure to leave his home during the devastating 2021 B.C. wildfire season.
But both B.C. Supreme Court and B.C. Court of Appeal justices ruled that Parker Cove hadn’t appropriately proven that the Gerows had broken the rules of their sub-lease.
That’s despite what Appeal Court Justice Elizabeth Bennett described in a decision as Gerow’s “blameworthy and offensive” conduct in disobeying the evacuation order.
In the end, the justices awarded both parties legal costs in the case, and did not find in favour of Parker Cove.
Now, Parker Cove claims the Gerows have not paid legal fees in the case, amounting to more than $180,000, as well as further administrative fees.
Once again, the retirement community, which consists of 600 lots along Okanagan Lake, is seeking to terminate the couple’s sub-leases and recover those legal costs.
The Gerows have not filed a response to the latest lawsuit in court. CBC News did not hear back from the lawyers representing either side in the case by deadline.
1st lawsuit filed in 2021
The first lawsuit against the Gerows was filed by Parker Cove in November 2021.
That was a little under two months after Robyn failed to leave his home despite an evacuation order being in place for two weeks due to the White Rock Lake wildfire.
The evacuation order was issued for Parker Cove by the Okanagan Indian Band on Aug. 1, due to the wildfire that was rapidly growing at the time.
The B.C. Court of Appeal decision states that Robyn Gerow did not leave his home until Aug. 14, which followed a letter from the OKIB chief and Parker Cove warning of serious consequences for those who hadn’t left their homes.
The White Rock Lake wildfire burned more than 833 square kilometres of land, according to the B.C. Wildfire Service, and the Insurance Bureau of Canada estimated it caused $77 million in insurance damage.
Ultimately, the blaze didn’t damage homes in Parker Cove, though dozens of homes were destroyed in nearby communities like Monte Lake.
