The City of Kelowna acknowledged that the downtown construction of the new University of BC Okanagan campus on Doyle Avenue caused damage to neighbouring properties, "but the precise mechanisms, types and magnitude of such damage is not presently understood by the city."

This comes as part of the city's response to the class action lawsuit filed in regard to the damages and the evacuation of Pathways Abilities Society's low-income apartments at Hadgraft Wilson Place. 

The city filed its response on Nov. 13 through lawyer Jeffery Locke. 

The initial civil suit was filed by Hadgraft tenants Megan Beckmann and Monique Saebels and Eight Spaces Group Inc. on May 3 against UBC Properties Investments Ltd (in its capacity as trustee of UBC Properties Trust), Doyle Street Properties Ltd., Geopacific Consultants Ltd., Geopacific Consultants (B.C.) Ltd., John Doe Geotech Engineer, Kane Consulting Inc., Kane Consulting (2008) Limited, John Doe Kane Consultant, Glotman Simpson Consulting Engineers, John Doe Structural Engineer, HCMA Architecture and Design, John Doe Architect, Ledcor Construction Limited, Ledcordsign-build (B.C.) Inc., John Doe General Contractor, John Doe Excavation Contractor, and the City of Kelowna. 

Following a response to the civil claim by Glotman Simpson Consulting Engineers filed on July 8, Glotman along with John Doe Geotech Engineer, Kane Consulting Inc., Kane Consulting (2008) Limited, John Doe Kane Consultant, John Doe Structural Engineer, John Doe General Contractor, and John Doe Excavation Contractor were removed from the suit. 

The lawsuit alleges negligence on behalf of the City of Kelowna and others which included a breach of its duty of care such as failing to ensure the construction was done in such a way as to "protect people and property from hazardous conditions."

Kelowna city staff were notified on or around Nov. 27, 2023, that the Hadgraft Wilson Place building was deteriorating. 

The response filed by the city claims staff started, "regularly and diligently communicating with [UBC Properties Trust] and Pathways to be informed of the information, opinions, and recommendations of various Registered Professionals who have been engaged to investigate the cause or causes of the possible damage, to provide advice regarding the extent of the damage and public safety considerations relevant to such damage, and to opine upon and make recommendations pertaining to remedial measures."

Locke states in the response that the city has relied on the word of field professionals throughout the scope of the project and that all work prepared underwent peer reviews starting Feb. 16. 

In response to the claim that the defendant did not take the time to warn Hadgraft tenants, "that the excavation and construction fo the UBCO development on the lands would give rise to the resultant damage and the dangerous conditions to the surrounding properties," the city claims it had no prior knowledge of the damages ahead of being notified Nov. 27, 2023, and "did not owe the plaintiffs or class members a duty to warn."

Instead, the city is denying its involvement and "denies the loss and damages claimed by the plaintiffs or class members." The city alleges that the plaintiffs failed to take measures to mitigate their losses. 

Geopacific Consultants filed their response to the civil claim on Oct. 8. denying the allegations and stating, "At no time was Geopacific Consultants (B.C.) Ltd. involved in the UBCO Development and it is not a proper party to this proceeding." 

The response from Geopacific indicated the involvement of Bauer Foundations Canada Inc. as the shoring contractor retained by UBC Properties for the downtown campus construction and its subcontractor Green Infrastructure Partners Inc.

A Third Party Notice was filed by Geopacific the same day to bring Bauer as well as Green Infrastructure into the suit. 

None of the allegations have been proven in court. 

UBC Properties has yet to file a response.