A former resident of a flooded Grand Forks neighbourhood has mostly lost his bid for extra compensation.
Martin O’Brien sued the City of Grand Forks. The trial was held in the last week of April in Victoria and a judgement was rendered May 1 by Justice Catherine Murray, but was only published last week.
In her ruling, Murray explained that O’Brien lived in North Ruckle when the area was struck by a massive flood eight years ago. His home escaped the flood “virtually unscathed” due to its pier and beam foundation and weatherproofing.
The city decided to remove all of the homes and infrastructure in the area and restore North Ruckle as a flood plain. A drive-by appraisal valued O’Brien’s property at $83,000, although the appraiser testified that figure was for the purpose of obtaining government grants and wasn’t done to the standards required for expropriation.
According to the judge’s ruling, between February 2020 and May 2021, the city contacted O’Brien five times about a buyout offer, but he wasn’t interested. The judge said it was unclear why he chose not to take part.
“I think it was a combination of distrust of the program and hope that he would be able to stay in his home,” she wrote, adding that O’Brien testified that from the start, he preferred to be expropriated than bought out.
As other homeowners took advantage of the buy-out program and houses in the neighbourhood were boarded up, O’Brien remained until August 2021 when the city registered an expropriation notice on his property. An appraisal pegged the property’s value at $62,500, and he subsequently received that amount.
An appraiser testified that the amount was set following an inspection of the home and property and also accounted for market data and rising stigma against North Ruckle. Another appraisal completed as part of the lawsuit pegged the property’s value at $64,000 at the time of expropriation. As a result, O’Brien received an extra $1,500.
O’Brien claimed he was entitled to another $116,000 for the market value of his property and/or damages caused by the expropriation. However, the judge found O’Brien hadn’t demonstrated that the property was worth $180,000 when he received his expropriation cheque.
O’Brien also wanted about $18,900 as compensation for his net rental costs since being forced to move from his property. Legislation limits these sorts of claims to six months after expropriation. The judge awarded O’Brien damages of $342 per month for six months, for a total of $2,052.
O’Brien further requested about $3,100 in moving expenses. The judge awarded him $392. O’Brien also sought about $7,100 as compensation for pursuing his lawsuit, including the value of his own time. He represented himself in court. That claim was dismissed.
In total, O’Brien will receive another $2,444.
