Deer stand on the Comox Golf Course near Golf Creek. Photo by Terry Farrell

Vancouver Island resident suing municipality for $250K over contents of stormwater creek

Homeowner taking Town of Comox to Supreme Court in $250,000 lawsuit

Ken McDonald and his wife Norine had plans of moving to the Vancouver Island community of Comox to retire, in order to spend time with their grandchild, and enjoy all that the town and Valley have to offer.

Now, they are taking the Town of Comox to B.C. Supreme Court for nearly $250,000.

Following a move from Alberta years ago, the couple purchased their home on Jane Place, a property that McDonald describes as “a lovely place with a creek running through it.”

Now, after a few years of litigation with the municipality, he notes it has been a nightmare for his family.

“I have grandchildren who love to splash around [in Golf Creek]; now we know it’s an open sewer – it’s not enjoyable anymore. When do you say enough is enough?”

When the McDonalds purchased the property, they knew there were some erosion issues they had to deal with in their backyard due to Golf Creek, which flows through their property.

They undertook some remediation work, which included building a wall, and learned Golf Creek was being used as stormwater outfall.

After speaking with a neighbour, McDonald realized the creek, which runs through his property, was not a natural waterway but was part of the stormwater management system.

“The creek switches from a trickle into a rapid (during stormwater flow). Erosion which might take 100 years will take 10 years with stormwater.”

He explains the issue with stormwater is that it changes the hydrology of a waterway, and with an increase in the volume and speed of water, comes the increase of erosion.

Originally, the McDonalds summoned the Town of Comox in BC Small Claims Court for $25,000 for compensation for the cost of the initial erosion wall, as well as the cost to repair additional damage.

In their Notice of Claim, the couple noted the case is based on nuisance, and they have evidence that proves the Town is discharging stormwater from a significant area of the municipality into Golf Creek; the Town failed to implement appropriate erosion control measures recommended by two engineering studies commissioned by the Town; two independent geotechnical engineering studies confirmed stormwater erosion has damaged their property and that subsequent erosion damage to the creek bank occurred in December 2016.

A few times a year, McDonald explains, he notices the creek turning a brown-like colour, and describes it as “foamy and sudsy.”

“It’s disgusting. When we saw this, I thought, ‘Oh my God, this looks awful.’ There’s children who play in this creek.”

In September 2018, McDonald decided to test samples of the water.

“The results were mind-blowing,” he notes. “This is like raw sewage.”

His tests showed high levels of fecal coliform and heavy metals.

Last month, he retested the water, and the fecal coliform levels were significantly higher than the safe level for recreational use. When tested for E. coli, his results showed five times the level allowable by government regulations.

“All of these pollutants are going into the Comox Harbour,” he notes, and adds that once he measured the pollutants in the creek, he knew it was now a requirement to produce the results and information if it came time to sell their property.

“We put a lot of money into our home, and now we have to tell the seller [when it comes time to sell], we have an open sewer in our backyard. Who wants to buy that?”

The McDonalds made an application to have their case heard in Supreme Court, as they are now asking the Town for the value of property which they consider has been damaged in the ravine area – 29 per cent of assessed value as determined by BC Assessment.

On May 31, approval was given to have the case heard in BC Supreme Court.

While McDonald said the case has cost him and his wife tens of thousands of dollars, he believes it is important to send a larger message.

“We’ve got to stop somewhere and start saying the environment is a priority. We want to live in a place that is clean and safe. I can’t live with myself if I let it go. Ultimately, we want the creek to be clean.”

The Record reached out to the Town of Comox but did not receive a response by press time. Check comoxvalleyrecord.com for updates.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

PHOTOS/VIDEO: Wings and Wheels set for weekend lift-off in Abbotsford

Fundraiser to raise money for Crystal Gala Foundation and the fight against breast cancer

Kelowna animal rights activist speaks out amid charges in 2019 Abbotsford hog-farm protest

Amy Soranno, along with three other activists, will appear in court on Sept. 3

Abbotsford aims to finally crack down on long-term bylaw-breakers

City boosts top fine for repeat offenders $50,000

Abbotsford restaurant fundraiser supports moms and kids in Mexico

Brodeur’s Bistro donates proceeds on Aug. 17 to Casa de Luz charity

POLICE/2020: Street checks by police down in Abbotsford, but no plans to completely end them

Figures show street checks in Abbotsford relatively representative of city’s population

‘Don’t kill my mom’: Ryan Reynolds calls on young British Columbians to be COVID-smart

‘Deadpool’ celebrity responds to premier’s call for social influence support

Captain Horvat’s OT marker lifts Canucks to 4-3 win over Blues

Vancouver takes 2-0 lead in best-of-7 NHL playoff series with St. Louis

Widow of slain Red Deer doctor thanks community for support ahead of vigil

Fellow doctors, members of the public will gather for a physically-distanced vigil in central Alberta

Protesters showcase massive old yellow cedar as Port Renfrew area forest blockade continues

9.5-foot-wide yellow cedar measured by Ancient Forest Alliance campaigners in Fairy Creek watershed

Taking dog feces and a jackhammer to neighbourhood dispute costs B.C. man $16,000

‘Pellegrin’s actions were motivated by malice …a vindictive, pointless, dangerous and unlawful act’

Racist stickers at Keremeos pub leaves group uneasy and angry

The ‘OK’ hand gesture is a known hate-symbol

VIDEO: World responds to B.C. girl after pandemic cancels birthday party

Dozens of cards and numerous packages were delivered to six-year-old Charlie Manning

Expected fall peak of COVID-19 in Canada could overwhelm health systems: Tam

National modelling projections released Friday show an expected peak in cases this fall

Most Read