A retirement community in Vernon, British Columbia, is aiming to recoup more than $197,400 following an incident where a resident did not evacuate his home during a destructive wildfire in 2021. Parker Cove Development, which leases land from the Okanagan Indian Band in the Westside Road region, sub-leases plots to over 350 residents along the Okanagan Lake shoreline. The community took legal action against Carmen Gerow and Robyn Gerow for not adhering to evacuation orders during the nearby White Rock Lake wildfire last summer.
According to a civil claim filed on May 27, Parker Cove argued that Robyn Gerow’s decision to stay in his home endangered the entire community. The claim stated that the British Columbia Wildfire Service had advised against deploying fire retardant from airplanes if there were any individuals present on the premises. Despite two lawsuits filed by Parker Cove to end the Gerows’ sub-leases due to Robyn’s refusal to evacuate during the 2021 wildfire season, both the B.C. Supreme Court and the B.C. Court of Appeal justices ruled in favor of the Gerows, citing insufficient evidence of lease violations.
In a subsequent development, Parker Cove alleges that the Gerows have not paid the legal fees amounting to over $180,000 from the case, along with additional administrative charges. The retirement community, which comprises 600 lots along Okanagan Lake, is once again seeking to terminate the couple’s sub-leases and recover the outstanding costs. The Gerows have not responded to the latest lawsuit filed against them. The legal proceedings did not yield a favorable outcome for Parker Cove, with both parties being awarded legal costs by the justices.
The initial lawsuit against the Gerows was initiated by Parker Cove in November 2021, approximately two months after Robyn defied the evacuation order issued for Parker Cove by the Okanagan Indian Band due to the escalating White Rock Lake wildfire. The B.C. Court of Appeal decision revealed that Robyn only vacated his home on August 14, following warnings from the OKIB chief and Parker Cove about severe repercussions for those remaining in their homes.
Although the White Rock Lake wildfire charred more than 833 square kilometers of land, including causing $77 million in insurance damages, homes in Parker Cove remained unscathed. However, neighboring communities like Monte Lake suffered the destruction of numerous residences.