Property owners must mitigate landslide risk, says B.C. Supreme Court

The B.C. Supreme Court has ordered a North Vancouver couple to pay a hefty bill to make their property safe in the event of a landslide.

Mostafa Madaninejad and Fatemeh Khosravi-Amiri bought their home, which backs on to the top of a steep escarpment in North Vancouver, almost two decades ago. 

In 2008, the District of North Vancouver flagged it along with other homes as potential hazards in case of a landslide. The district initiated the study of the homes after a 2005 North Vancouver landslide killed a woman.

The district says the homeowners are responsible to fix a rotting retaining wall that could give way. A B.C. Supreme court judge has agreed, ordering the homeowners to pay for the work estimated at between $75,000 and $100,000. They have until Oct. 1 to fix it.

Judge sides with district

"I find that there was an abundance of information collected by the district from skilled, independent professionals that quantified the risks of landslides based on developing geotechnical standards." wrote Justice Elizabeth Arnold-Bailey.

However, the couple's lawyer, Jay Straith, says the decision will have implications for homeowners across the province.

He noted that the District of North Vancouver approved a housing development on the hill below the couple's home. He argued that the district, therefore, is to blame for any landslide problems.

"The district manufactured a situation which caused a safety risk, but nonetheless ask the people who live on top of the slope to pick up the bill," Straith said.

'It means everyone who has any kind of geotechnical issue on their property (that) they exist on, is subject to the whim of the District of North Vancouver or any municipal council in the province."

Straith says the couple will appeal the decision.