A retirement community in Vernon, British Columbia, is aiming to recoup more than $197,400 following a resident’s refusal to vacate his home during a destructive wildfire in 2021. The Parker Cove Development, which sub-leases lots to over 350 residents along the Okanagan Lake shore, is pursuing legal action against Carmen Gerow and Robyn Gerow. The lawsuit alleges that Robyn’s decision to stay in his home despite evacuation orders during the nearby White Rock Lake wildfire jeopardized the safety of the entire community.
According to a civil claim filed by Parker Cove on May 27, Robyn Gerow’s actions put all 350 homes in the development at risk, as the British Columbia Wildfire Service had specified that aerial fire retardant operations would not be carried out if individuals remained on the premises. Parker Cove had previously attempted to terminate the Gerows’ sub-leases due to Robyn’s defiance of evacuation orders during the 2021 wildfire season. However, both the British Columbia Supreme Court and the British Columbia Court of Appeal ruled in favor of the Gerows, stating that Parker Cove failed to demonstrate a breach of the sub-lease terms.
Despite acknowledging Robyn Gerow’s disobedience of the evacuation order as “blameworthy and offensive,” the courts awarded legal costs to both parties and did not side with Parker Cove. The retirement community is now claiming that the Gerows have not settled the legal fees totaling over $180,000 from the case, along with additional administrative costs. Consequently, Parker Cove is once again seeking to terminate the couple’s sub-leases and recover the outstanding expenses.
The Gerows have not responded to the latest lawsuit in court, and no comments were provided by the legal representatives of either party. The initial lawsuit against the Gerows was initiated by Parker Cove in November 2021, following Robyn’s non-compliance with the evacuation order issued by the Okanagan Indian Band due to the escalating White Rock Lake wildfire. The B.C. Court of Appeal noted that Robyn Gerow did not evacuate his residence until August 14, after receiving warnings from the OKIB chief and Parker Cove about the repercussions of remaining in the area.
The White Rock Lake wildfire, which consumed more than 833 square kilometers of land according to the B.C. Wildfire Service, resulted in an estimated $77 million in insurance damages. While Parker Cove remained unscathed by the blaze, neighboring communities like Monte Lake suffered the destruction of numerous homes and properties.