Mission man still hoping for a fair settlement

Homeowner on Topper Street wants developer to pay for damage down to his house.

Dale Scott is still waiting for his day in court.

It has been more than four years since the Mission man, along with two Topper Street neighbours, filed a civil claim in court, but two of them are still waiting for a resolution to their dilemma.

The three homeowners alleged a retaining wall built just below their properties for Heritage Marketplace in 2010 was not properly designed, inspected or constructed.

According to the civil claim, the slope by the wall has slipped, which has caused the three properties above it to settle. They claim the settlement of the slope has caused structural damage to their homes.

The civil claim was supposed to go before the courts this month, but has been postponed.

“I’m disappointed that it’s taken this long,” said Scott, adding that it has been a long battle.

The defendants in the case are the District of Mission, the builders of the shopping mall on Stave Lake Street and 11 Avenue, and the engineers of the project.

Scott said all that has happened so far is “just a bunch of back and forth talking.” He said he was offered a settlement, but the money is not nearly enough to cover his losses.

“They want to offer us a little bit of money and tell us to go. We’re out hundreds of thousands of dollars, because our houses are worth nothing.”

One of the homeowners has already settled with the developers, but Scott believes they took a big loss on the deal.

“I think they were just emotionally drained and took the settlement. I know I’m drained,” said Scott.

Mission Mayor Randy Hawes said the district has offered to help settle the issue.

“This has never been the city’s problem. What we have offered to do is mediate between the homeowners and the developer but I know the settlement they made with one homeowner is not going to satisfy the others, as far as I know.”

He said independent engineers have evaluated the properties and the cost to fix the damages.

“It’s very easy for them (homeowners) to get together with the developer, but it won’t be so easy if they want more money than engineers have shown it would cost to remediate it,” said Hawes.