An Okanagan couple is facing a $200,000 lawsuit from Parker Cove Properties for failing to immediately evacuate during a wildfire near Vernon five years ago. The legal action could also result in the loss of their leased property within the retirement community.
Third Lawsuit Filed
This is the third lawsuit Parker Cove Properties has filed against Robyn and Carmen Gerow. The company alleges that the couple endangered the lakeside retirement community during the 2021 Interior B.C. wildfires by not leaving their property when first ordered to, according to a lawsuit filed in B.C. Supreme Court.
Despite earlier rulings by the Supreme Court and the B.C. Appeal Court regarding legal costs, Parker Cove is again demanding that the Gerows pay all its legal fees. The company argues that the terms of the Gerows' subleases entitle them to full payment.
Background of the Incident
In August 2021, the White Rock Lake fire threatened the community of 600 homes on Lake Okanagan. Provincial officials stated they would not drop fire retardant or waterbomb the area while residents were still present, as noted in the lawsuit.
A mandatory evacuation order was issued on August 1, 2021, but Robyn Gerow remained to assist authorities and residents. He ferried supplies by boat and helped some residents return for belongings and home checks, according to the original Supreme Court judgment.
In court, Gerow initially denied that his presence prevented firefighting efforts, but later admitted during pretrial submissions that he knew it was the case. He finally left on August 14, 2021, after the RCMP provided a letter from the Okanagan Lake Indian Band urging holdouts to leave, as he did not want to risk issues with the First Nation.
Previous Court Rulings
Parker Cove filed the first lawsuit in 2022, seeking to terminate the Gerows' subleases for breaching terms. In 2023, a Supreme Court judge found the couple had breached sublease requirements to comply with laws and orders, but ruled that this did not entitle Parker Cove to end the subleases.
Justice Elizabeth McDonald wrote that Robyn Gerow's failure to immediately follow the evacuation order did not cause a fundamental breach of the subleases. The B.C. Appeal Court upheld this decision, agreeing that the delay did not deprive Parker Cove of a substantial benefit.
The Gerows have not yet responded to the latest lawsuit, and their lawyer did not return requests for comment.
