Tenants Gina Briggs and Gregory Petrigo are suing the owner of their apartment for what they allege was a “false and unwarranted” drug lab inspection.
The statement of claim, filed in B.C. Supreme Court on August 26, names as defendants: apartment owner Paul Lepik aka Paul Lepik, as well as Yuriy Bespalov, Valentyna Bespalov, Colliers International aka Colliers Macaulay Nicolls Inc. and the Vancouver Police Department.
The lawsuit alleges that in August 2009, Yuriy Bespalov, Valentyna Bespalov, and Jennifer Gallagher came to Briggs and Petrigo’s Beach Avenue home, ostensibly for a routine suite inspection.
“Instead, we were subjected to a false and unwarranted drug lab inspection conducted by a team of four armed undercover Vancouver police drug enforcement officers,” the statement of claim reads.
Briggs and Petrigo are suing for damages.
The suit claims that the inspection of the plaintiffs’ residence resulted in damages that were caused by “the willful and intentional breach of duty of care as set out in the Residential Tenancy Act” by Lepik and his associates.
The court document alleges that the breaches include:
-failing to take any or reasonable care to ensure that the plaintiffs or other persons would be reasonably safe in using the premises; and
-failing to take any or reasonable measures to prevent injury or damage to the plaintiffs or other persons from hazards or dangers of the premises which Lepik knew or ought to have known were present.
The defendants allege that the incident has caused and continues to cause the plaintiffs: pain and suffering, discomfort, sleep disruption, nightmares, inconvenience, loss of earnings, loss of earning capacity, loss of amenities, loss of abilities to perform housekeeping and maintenance duties, interference with recreation and loss of or impairment of capacity to enjoy life.
None of these allegations has been proven in court.
As of press time, no statement of defence had been filed.