A B.C. Supreme Court Justice has dismissed a lawsuit against the Fraser-Fort George Regional District from a group of property owners living along the Nechako River, finding the plaintiffs took too long to file.
But in issuing her judgment Tuesday, B.C. Supreme Court Justice Marguerite Church set out amounts the FFGRD should pay in damages should a higher court find she made the wrong decision.
At issue was whether Island Park Drive residents Katherine Lewis, John Orlowsky, John Ball and Rick and Sarah Urquhart had been given letters verifying they had been informed of the erosion hazards along the road as per a resolution FFGRD directors passed in 1977.
Church found that between 1989 and 1992, building permits were issued without the five obtaining the letters and between 1997 and 2007, there was significant erosion to their properties.
She found the FFGRD breached a duty of care by failing to provide the letters.
But she agreed with the FFGRD's position that the claim was statute-barred under the province's Limitation Act. The sides agreed the limitation period is six years but differed over when the clock started to run.
The plaintiffs argued it started in early 2009 when they became aware of the 1977 resolution while the FFGRD contended it began when the building permits were issued between April 1989 and August 1992.
At best, the FFGRD further argued, the running time began no later than 1998 when the plaintiffs received a consultant's report warning their properties were in jeopardy.
Once the report was in their hands, Church found they would have had reason to follow up with the FFGRD and could have discovered the existence of the 1977 resolution.
In all, the property owners were seeking $667,440.75. In her concurrent finding, she lowered the amount to $382,419.82 largely by limiting the damages to the cost of moving their homes, rip rap and labour and eliminating costs associated with loss of river view and privacy and stigma to property.
The defendants' lawyer, Terrence Matte, declined to comment when reached Thursday.
