FILE PHOTO - The White Rock Lake wildfire burns west of Vernon, B.C., on Thursday, Aug. 12, 2021.
Image Credit: THE CANADIAN PRESS/Darryl Dyck
September 09, 2024 - 7:00 AM
A man living on Okanagan Indian Band land refused to follow an evacuation order in 2021, and his landlord took him to court to try to terminate his sublease.
Robin Gerow leased a home in Parker Cove on band land and he refused an evacuation order due to the White Rock Lake wildfire on Aug. 1, 2021.
The band sent him a letter urging him to evacuate two weeks later on Aug. 14, and after RCMP gave him the letter he complied and left.
Parker Cove Properties Limited took the man to court with the argument that his refusal to evacuate was a breach of their contract in an effort to terminate Gerow’s lease.
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Years later, the two parties were in front of the Court of Appeal after the first judge denied Parker Cove’s argument and allowed the man to stay in his home.
Since Gerow refused to evacuate he made it harder for firefighters to protect his home and the other 350 homes in the Parker Cove development.
“Firefighters could not use water bombers and fire retardant on property if people remained in the evacuated area,” the judge said in the decision.
The appeal judge upheld the initial decision to allow Gerow to keep his sublease. Refusing the evacuation order was problematic, but his actions were not enough of a violation of his sublease for Parker Cove to terminate his lease.
“Mr. Gerow’s conduct in disobeying the evacuation order was blameworthy and offensive. Fortunately, none of the homes or belongings in Parker Cove were impacted by the White Rock Lake fire,” the judge said.
“His failure to obey the evacuation order did not deprive Parker Cove of a substantial benefit of the sublease.”
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