Auto dealers file suit against City of Penticton

The City of Penticton and a contractor have been named in a civil suit filed by three local auto dealers.

Three Penticton car dealerships have filed a civil suit

Three local car dealerships have filed a suit against the City of Penticton, claiming their buildings and vehicles were damaged while the city was having the wastewater treatment plant painted.

Penticton Hyundai and Penticton Honda both back onto the waste treatment plant, on lots owned by Skaha Ford, the third defendant. They claim the city’s contractor, Penticton Sandblasting and Painting (also named as a defendant), allowed overspray to drift onto the dealerships when they were painting the building in April 2015.

As a result, the Hyundai and Honda dealerships claim walls and windows were damaged, along with vehicles on the lots awaiting sale by the paint drifting onto their properties.

The civil suit describes the painting as “an inherently dangerous activity” and seeks damages for costs related to cleaning up the dealerships, the cars as well as loss of business and good will.

The suit alleges the contractor failed to perform the work in a good and workmanlike manner, and failed to use proper protocols to prevent paint from spraying onto neighbouring premises and property.

Similar complaints are aimed at the city, which the suit claims failed “to act as reasonable neighbours,” didn’t confirm the experience level of the contractor or ensure the work was performed in a proper manner, and didn’t confirm the contractor had legal liability insurance coverage that would respond to a claim for damage and loss suffered by neighbouring property owners.

The dealerships also say the city failed to warn neighbouring property owners and neighbouring businesses that spray painting work was going to be done and that over spray was a possibility and that precautions should be taken.

The civil suit was filed in B.C. Supreme Court on Oct. 3 in Vancouver, giving the defendants 21 days to file a response.

 

 

 

 

 

 

 

Just Posted

Photos: West Bench Elementary Christmas Variety Show

Penticton schools are in full Christmas mode with their annual concerts

Penticton man pleads guilty to creating a chid porn forum

Tyler Walker was instrumental in creating a forum online and was involved in moderating others

Accident blocks traffic

Accident in Penticton on Duncan Avenue

Donate your parking fines to 100 Homes

Parking tickets issued for the remainder of the month are now payable to the housing initiative

Quiet time for Santa at OSNS

Quiet Santa visits the child and youth development centre again this year.

VIDEO: Average Canadian food bill to rise by $348 in 2018

Atlantic Canada and B.C. will see the most increases for consumers

Star gazing: Mars – the Red Planet

Mars is part of our culture, currently of extreme scientific interest, and sufficiently like Earth

More than 20,000 pounds of garbage removed from riverside homeless camps

Two camps taken down last week on the banks of the Fraser and Chilliwack rivers

Suspect in Revelstoke standoff killed himself: RCMP

Mohammadali Darabi, suspect in the Calgary homicide of his roommate, was stopped in Revelstoke

Clinton visits Vancouver, applauds Trudeau, celebrates Democrats’ win in Alabama

Clinton told crowd she cheered when Prime Minister Justin Trudeau appointed the country’s first gender-balanced cabinet.

VIDEO: Salt Spring Islanders ferry piano to their floating home

Everyone enjoys a little music on the water, but not everyone has a piano on their boat

Bomb detonated in Kamloops neighbourhood

Kamloops RCMP are investigating after an improvised explosive device was detonated Wednesday morning

No More Shootouts: Strong defence will be Canada’s backbone at world juniors

Head coach doesn’t want a situation where a hot goalie or a lucky bounce can determine a team’s fate

Proposed snowmobiles along Sicamous roads concern RCMP

RCMP, ICBC and province not yet on-board with proposed off-road bylaw in the B.C. Interior

Most Read