On October 9, 2026, the Supreme Court of British Columbia certified the UBC Construction Class Action for settlement purposes only and approved the Notice of Certification and Settlement Approval Hearing.
The parties have reached a proposed settlement of $4,676,000, which remains subject to final Court approval.
Background
Westpoint Law Group, Napoli Shkolnik Canada, and FH&P Lawyers LLP represent residents and businesses displaced as a result of structural damage allegedly caused by construction activities associated with the UBCO Downtown Development Project in Kelowna, British Columbia.
The class action concerns damage to Hadgraft Wilson Place, located at 1360 Bertram Street, and the CoLab Building, located at 1405 St. Paul Street. The litigation alleges that construction activities caused or contributed to structural damage that resulted in the evacuation and closure of these buildings.
Who Is Included in the Class Action?
The Court has certified the following Class for settlement purposes:
Persons residing or doing business in British Columbia who live in or conduct business activities in buildings located at 1360 Bertram Street, Kelowna, B.C. and 1405 St. Paul Street, Kelowna, B.C., including:
- Residential Tenant Subclass: Persons who were tenants in the building located at 1360 Bertram Street, Kelowna, B.C., known as Hadgraft Wilson Place.
- Business Subclass: Persons (individuals or incorporated entities) conducting business activities in the building located at 1405 St. Paul Street, Kelowna, B.C., as of December 1, 2023.
Important Deadlines:
- December 10, 2026: Deadline to object to the proposed settlement.
- December 12, 2026: Deadline to opt out of the class action.
- On or after December 21, 2026: Hearing for final approval of the proposed settlement.
Class Members are encouraged to review the settlement documents below, which provide further information about the proposed settlement, their legal rights, and the applicable deadlines.
Settlement Documents
The following documents provide details regarding the proposed settlement and the rights and options available to Class Members:
- Notice of Certification and Settlement Approval Hearing
- Certification Order dated October 16, 2026
- Settlement Agreement dated August 4, 2026
- Opt-Out Form
Further updates, including details of the final settlement approval hearing, will be posted here as they become available.
For questions, please contact Adam Bordignon by email at ABordignon@NapoliLaw.ca or by calling the following toll-free phone number: 888-531-0675
Some Recent Media Coverage
Displaced tenants call for work to stop at UBC construction site (CBCApr 09, 2024)
UBC Properties Investments, City of Kelowna facing class action over campus construction (Times Colonist May 13, 2024)
Despite $12k UBC offer evacuated low-income Kelowna residents still struggle (Victoria News July 3, 2024)
Lawyers raise concerns after UBCO offer money to displaced residents (Castanet, July 3, 2024)