The Ongoing Dispute Over the UBC-Okanagan Tower Construction

Structural Damage and Displacement in Downtown Kelowna

In 2024, the construction of the UBC-Okanagan tower in downtown Kelowna, British Columbia, became the focal point of a growing controversy. The project, managed by UBC Properties Trust, was implicated in structural damage to nearby buildings, including Hadgraft-Wilson Place, the CoLab Building, and the Legion Building. The issues began to surface in March of that year, when cracks appeared in these buildings, despite some of them being relatively new. The timing of the damage coincided with the excavation phase of the tower’s construction, leading many to suspect a direct link between the two. Dozens of residents were displaced as a result, with their lives turned upside down by the sudden and unexpected crisis.

UBC Properties Trust’s Legal Response: A Lack of Accountability

In response to a civil claim filed by the affected residents, UBC Properties Trust recently submitted a legal defence that has left many in the community frustrated and disheartened. The defence acknowledges that some damage occurred to the buildings but denies the extent and nature of the alleged damages. It also refutes the claim that the excavation and construction activities were the sole cause of the damage. The statement further shifts the burden of proof onto the plaintiffs, implying that the prosecution must provide strict evidence to support their claims. This response has been met with criticism from residents, who feel that UBC Properties Trust is sidestepping responsibility for the harm caused.

Monique Saebels, a former resident of Hadgraft-Wilson Place, expressed her frustration, stating, “It is like a slap in the face once again.” Similarly, Megan Beckmann, another displaced resident, described the defence as shocking, highlighting what she perceives as a lack of accountability. The defence also claims that UBC Properties Trust relied on professional contractors to ensure the excavation and construction activities were conducted safely. However, residents argue that this stance is unacceptable, as the trust should ultimately be held responsible for the project’s outcomes.

Financial Hardship and Emotional Toll on Residents

The legal battle began nearly a year ago, when residents filed a lawsuit alleging that the construction project caused not only structural damage but also financial hardship and personal injuries, including depression, anxiety, and stress. The emotional toll on the displaced individuals cannot be overstated. Many have struggled to find stable housing, with some still without permanent homes almost a year after being forced to leave.

UBC Properties Trust provided $12,000 per unit to assist displaced tenants in securing new housing. However, residents like Beckmann argue that this amount is insufficient, given the high cost of living in Kelowna. She explained that the money was quickly depleted on moving expenses, security deposits, and rent, leaving many struggling to make ends meet. The situation is even more dire for vulnerable individuals, such as a woman currently residing in a shelter and a man in a wheelchair who has been unable to find accessible housing.

Ongoing Uncertainty for Displaced Residents

As of March 31, 2024, it will mark one year since Hadgraft-Wilson Place was deemed unsafe for occupancy. Despite the passage of time, residents still have no clear answers about when—or if—they will be allowed to return to their homes. The uncertainty has added to the emotional strain, as many fondly remember the sense of community and comfort they once enjoyed. Beckmann shared her sentiments, saying, “I miss Hadgraft, my kids miss Hadgraft, it was comfortable, it felt like home. It’s heartbreaking.”

A Call for Accountability and Resolution

The situation in Kelowna underscores the broader challenges of urban development and the potential consequences for nearby communities. While UBC Properties Trust maintains its defence, residents continue to advocate for accountability and a fair resolution. They hope that their voices will be heard and that the trust will take greater responsibility for the impact of its construction project. For now, the displaced tenants remain in limbo, seeking justice and a place to call home.

In conclusion, the UBC-Okanagan tower project has left a trail of disruption and heartache in its wake. The legal back-and-forth has only exacerbated the frustration of those affected, who are still seeking answers and closure. As the case progresses, the community will be watching closely to see how this situation is resolved and whether justice is served for those who have lost so much.