Hadgraft Wilson Place is visible on the right side of the photo next to UBCO's downtown construction site.

(JESSE TOMAS / iNFOnews.ca)

A second class action lawsuit has been launched against UBC Okanagan after the construction of its downtown Kelowna highrise tower uprooted more than 80 residents and caused several businesses to move on.

Natasha Chance, a tenant from the evacuated supportive housing complex Hadgraft Wilson Place is the lead plaintiff in the proposed class action suit, which if approved by the court will represent all 84 tenants of the disabled and low-income rental building. 

The suit, filed May 15, is the second class action filed against UBCO Properties Trust following the fallout from the university's tower block. The other class action was filed May 3 by two residents of Hadgraft Wilson Place and a nearby business and includes the City of Kelowna along with more than a dozen companies as the defendants.

The notice of claim states that in September 2023 just months after UBCO began construction of the 43-storey building at 550 Doyle Ave. cracks appeared in the building's foundation.

"UBC was aware of the structural damage caused to Hadgraft Wilson Place at that time, yet UBC continued construction of the UBCO Project," the court document says.

A month later the Royal Canadian Legion Branch, directly adjacent to the project, sustained structural damage and was evacuated. The following month co-working collective, CoLab, was evacuated as a result of structural damage caused by the excavation of the UBCO Project. Next, it was the turn of School District 23 whose building was deemed unsafe for occupation in December 2023.

READ MORE: Residents scramble for places to live as downtown Kelowna building deemed unsafe

Chance stayed living in her apartment until March when large cracks appeared in her unit.

On March 31, the City of Kelowna fire chief ordered all 84 tenants of the building to evacuate within 48 hours.

Since then Chance has been moved three times, has had to pay to put belongings in storage, and has donated one of her two cats as her current accommodation at Okanagan College only allows for one pet, the court documents say.

She was also enrolled in college but missed the first two weeks of classes due to the evacuation, so was kicked off the course. The notice of claim says she'll have to reapply next semester.

"The loss of her apartment, belongings, cat, and college admission, coupled with the stress and uncertainty of having to continuously relocate, caused Natasha to suffer severe and ongoing stress and mental anguish," the court document says.

The suit points the finger at UBCO accusing it of failing to hire "appropriate and qualified" professionals to carry out the project.

READ MORE: Worst should be over for neighbours of big hole UBCO dug in downtown Kelowna

The court documents also say UBCO failed to take reasonable steps when concerns were raised about the structural integrity of Hadgraft Wilson Place.

UBCO has yet to respond to the suit and none of the allegations have been proven, nor has the court given the go-ahead for a class action suit.

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