The children of Barbara and David Enns, who were killed in a 2024 landslide in Lions Bay, along with two neighboring families, have filed a lawsuit against the Province of British Columbia, the Village of Lions Bay, and a private landowner, alleging negligence and wrongful death.
Barbara Dyer (also known as Jody Dyer) and Michael Enns, the adult children of the Ennses, filed the notice of civil claim in B.C. Supreme Court on April 16. They are joined by neighbours Fiona and Raymond Fourie, Michelle Medland and Sean Barry, whose properties were damaged in the incident.
On December 14, 2024, a debris flow carrying mud, rocks, and trees swept down Battani Creek, destroying the Enns home and killing the couple. The lawsuit alleges the landslide was “caused, or alternatively contributed to” by illegal construction activities upslope of the properties, including the building of a reservoir and roads by Steven Vestergaard on Crown land.
The claim states that “since at least 2013, the Province knew or ought to have known of the Illegal Works on Crown Land and that these Illegal Works posed a serious risk to the Residents, their Properties and members of the public, including users of the Sea-to-Sky Highway.”
Vestergaard, according to the claim, had a license only to divert water from Battani Creek for domestic purposes, but beginning around 2010, “made significant alterations to the Crown Land, without legal authorization,” including the construction of an unauthorized reservoir using explosives and the building of access roads. However, Vestergaard told the Vancouver Sun newspaper that his work was signed off by professionals as complete.
The Province, the lawsuit contends, was aware of these issues following a 2014 geotechnical report that found “the slope below the Illegal Works and above the Properties was unstable with a high likelihood of failure” and that the residents’ properties were “directly in the path of the projected potential debris flow.”
Despite ordering Vestergaard to address these risks in 2014, the claim alleges that “the Province and Vestergaard each failed to adequately complete or ensure the completion” of the required remedial actions, and residents were not informed that promised mitigation efforts had not been completed.
The families are seeking general and special damages, including compensation for the wrongful deaths of Barbara and David Enns, property destruction, loss of property value, emotional distress, and costs associated with displacement and repairs. They are also seeking declarations that the damaged Bridge and Glendale Road are public highways, with the Province or the Village responsible for their repair and maintenance.
None of the allegations have been proven in court, and as of Tuesday, the defendants had not yet filed responses.
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