Seawatch owners denied Supreme Court appeal

The Supreme Court of Canada has declined to hear two appeals of BC Court of Appeal decisions regarding Sechelt’s embattled Seawatch subdivision. 

Those decisions were delivered on appeals of BC Supreme Court rulings from 2020. One dismissed a group of homeowners's appeal of a ruling that Sechelt was protected against their claims for damages resulting from their investments in homes in the subdivision by the covenant on the property titles.  

The other upheld the dismissal of the owner’s claims against the municipality’s former subdivision approving officer, Ray Parfitt. 

The Supreme Court of Canada dismissed the appeals April 7, with costs.

"The April 7th decision by the Supreme Court of Canada to decline to hear an appeal sought by some of the Seawatch owners brings to a conclusion nearly two years of legal proceedings brought by this group of owners against the District," District of Sechelt said in a statement to Coast Reporter. "In September 2021, the BC Court of Appeal upheld a lower court decision that the District’s former subdivision approving officer was not liable to the owners and, furthermore, found in favour of the District and decided that a release attached to the legal titles of all Seawatch properties operated to release the District from all claims made against it by Seawatch owners in the lawsuit."

The lawyer for the homeowners, Jeff Scouten, has not provided comment to Coast Reporter.