A visitor to Golden Ears Park who claimed his vehicle was damaged by road conditions will be compensated almost $2,000 by the park operator.
The B.C. Civil Resolution Tribunal sided with Gerald Joseph Lane, who took a small claims action against Alouette Park Management for $1,915. That was the cost to repair damage to his vehicle after Lane drove over a pothole.
Alouette Park Management countered the road was in good condition, with no potholes, and argued Lane was driving too close to the edge of the road. It also said the park operator's agreement with the BC government means it bears no liability.
In June 2023, Lane said he was driving away from a Golden Ears Park campground when a very large truck hauling a wide trailer approached, and was slightly over the centre line. He steered his vehicle to the right side of his lane to avoid the oncoming vehicle, while staying on the roadway. There was no painted line to demark the edge of the road.
His vehicle’s two right side tires hit a pothole, or damaged edge of the roadway, causing damage to his tires, rims, and the vehicle’s alignment. The damage claim was supported by invoices from Fountain Tire.
Tribunal vice chair Andrea Ritchie noted in her reasons for decision that the park operator did not provide evidence it had completed road repairs in the park, or offer inspection documents.
Conversely, Lane offered photos of the potholes at the edge of the roadway.
"I am satisfied the pictures show what I would classify as either potholes or edge fracturing, or both," said Ritchie. "There is no dispute that this area is what caused Mr. Lane’s tire damage."
