Background: In the case of 1033040 B.C. Ltd. v. Lumby (Village), the plaintiff, 1033040 B.C. Ltd., filed a claim against the Village of Lumby. The claim arose from alleged losses suffered due to the defendant’s actions during and after a state of local emergency caused by flooding in May 2017. The actions included unauthorized alterations to the plaintiff’s mobile home park property.

Legal Issues: The main legal issues involved claims under the Emergency Program Act (EPA) for damages caused by the emergency works during the flooding. The plaintiff sought compensation for various losses, including rental losses, property damage, and restoration costs. There was also an issue of injurious affection claims under the Community Charter and the Expropriation Act, focusing on the municipality’s alteration of the property, which allegedly caused loss and damage.

Held: The court denied the plaintiff's application to file a further amended notice of civil claim that included duplicate claims previously addressed under the EPA Claim process. The court highlighted the need for arbitration for disputes about compensation under the EPA.

Costs and Award: The Village of Lumby was successful in its opposition to the plaintiff’s proposed amendments, leading to the plaintiff being responsible for the costs of this application. The court did not specify the total amount of costs awarded in favor of the Village of Lumby.