A North Okanagan man who refused to comply with evacuation orders during the White Rock Lake wildfire was in court nearly three years after the fire.
Robin Gerow and his wife were ordered to evacuate their subleased property in Parker Cove, on Okanagan Indian Band (OKIB) land, on Aug. 1 due to the 2021 White Rock Lake wildfire.
While his wife left, Gerow himself defied the order and stayed at the property, which is a residential subdivision of 600 lots. Parker Cove Properties Limited holds a head lease, which allows it to lease units to individuals.
“The evacuation order remained in effect until Sept. 4, 2021,” reads a BC Court of Appeal decision. “Firefighters could not use water bombers and fire retardant on [the] property if people remained in the evacuated area.”
On Aug. 14, Parker Cove Properties emailed residents notifying them not complying with the order would be considered a breach of the sublease and serious sanctions would follow. RCMP served Gerow with an OKIB letter the same day.
Gerow then evacuated, returning once during the evacuation period to bring gas to his generator.
Parker Cove Properties took Gerow and his wife to court saying he’d breached their lease agreement by not complying with the evacuation order, and requesting the lease be terminated.
The trial judge found the couple breached their lease, but not severely enough to grant the lease termination. Parker Cove was ordered to pay costs and Gerow’s request for special damages was dismissed.
Both Parker Cove and Gerow filed appeals.
Parker Cove took issue with the lack of severity of the lease breach and the cost orders, and Gerow took issue with the judge dismissing special costs.
Ultimately, the appeals were dismissed, aside from the cost orders appeal, which was partially granted. Parker Cove is required to pay the Gerows a reduced amount to cover legal fees.
