The Joey Restaurants location at 820 Burrard Street is suing a strata council at the above condominium complex for allegedly causing a flood on Sept. 17, 2021.
Restaurants at the time were starting to welcome customers back in larger numbers after the province ended what it called a "circuit-breaker," which banned eating indoors at restaurants for almost two months, up until May 25, 2021.
The time was also in the lead-up to the B.C. government in October 2021 launching a vaccine-card program that restricted entry to restaurants to those who had received two doses of COVID-19 vaccines. The program was aimed at making people feel safer dining indoors at restaurants.
Joeys Global Grill (Burrard) Inc. alleged in its Sept. 14 lawsuit that the flood caused "significant damage and expense," which included the "loss of use and enjoyment of the property."
The restaurant claimed that it lost profit, and suffered a wide range of fees and costs, in addition to repair bills.
"On or about Sept. 17, 2021, excessive amounts of water came through the ceiling of the entry way and dining areas within the property," the restaurant alleged in its notice of civil claim.
It claimed that a pipe that provided drainage from an above balcony was blocked, and that the owners of Strata Plan VR 1323 had received prior notice that there was a blocked pipe yet failed to take reasonable steps to avoid the flood.
"The flood was foreseeable," the restaurant alleged.
The restaurant is seeking an unspecified dollar amount for general and special damages plus interest and costs for having to launch court action.
"The strata owed a duty of care to the plaintiff," Joeys Global Grill (Burrard) Inc. alleged. "The strata breached their duty to the plaintiff."
No statement of defence has yet been filed.
None of the allegations or claims has been proven in court.