A Regina couple was injured in a deck collapse and they want the builder and developer to take responsibility

The elevated rooftop overlooking a pool and golf course is what convinced 47-year-old University of Regina professor Kurosh Khandhero, and his wife, Mehshad Khanike, to purchase a new home in northwest Regina in 2015.

For nearly five years, the couple considered the second floor of their bungalows a quiet oasis from which to watch birds and golfers.

Then, on June 22, 2020, the deck beneath them collapsed and turned their lives upside down.

That morning, Khanderho invited his wife to join him on the deck for a cup of coffee. I heard some strange noises and bent over the railing to investigate. Khandru heard a loud screech.

“I wanted to warn my wife that something was going on, but it wasn’t time. In a second, we were falling into the yard,” he said.

The roof of the house crashed, falling under it. The couple fell about three meters away and landed on the stone patio, under a table, chairs and the base of an outdoor umbrella. Khandru managed to crawl freely, but his wife, who was bleeding, was trapped.

cries for help

Their neighbor, Cindy Knappman, said she heard a loud bang with a scream, and ran to help the couple. She and another neighbor called 911.

Kurosh Khandru, 47, stands on his back roof that was reconstructed after it collapsed in June 2020. Khandru and his wife were injured when the roof broke free from his duplex and fell nearly three meters to the ground. (Richard Ajikutai/CBC)

“Everyone was shaken because it happened to them and it could have happened to us too,” Knappman said. “We were all afraid. We were really worried about them. It was a mess.”

Khaniki was taken in an ambulance to Pascua Hospital and required several surgeries for a broken heel and ankle. A doctor’s report from July 29, 2020, said the long-term diagnosis includes sclerosis and arthritis. Nearly a year later, a physical therapist’s evaluation determined that she would have “a permanent loss of movement and potentially a life-changing gait. Whether or not she would develop arthritis.”

Leading team ‘feels awful’

Khandero’s neighbors immediately notified Pacesetter Homes, the large builder and real estate developer who has set up a row of duplexes on Kestral Drive, overlooking Wascana Creek and Joanne Goulet Golf Course.

Pacesetter contacted all residents with back decks along the golf course and told them to “not use their decks until further notice,” according to emails from then-Vice President Kurt Keel provided to CBC News.

After this deck collapsed on June 22, 2020, the builder, Pacesetter Homes, notified all residents of Kestral Drive who supported Goulet Golf Course and warned them to stay away from the higher and lower decks until they could be assessed by a structural engineer and fixed. . (Korosh Khandru)

He said, “[O]Your team feels horrible that this is happening.”

Keil said the collapsed roof at 8829 Kestral Drive, which belongs to Khandehroo, was structurally sound but “the point of contact between the roof and the house has failed over time. We will share our findings with the industry so this can mitigate the risks of this happening.” others”.

Knappman said the roofs were not properly attached to homes with screws or bolts, as required by the National Building Code.

“They came and fixed them all,” she said.

Mahad Khaniki remained trapped under the deck and furniture for 15 minutes while she waited for paramedics to arrive. She had fractures in her right heel and ankle and bruises under her left eye and bruises. (Korosh Khandru)

However, it took Knapman a full year to feel comfortable sitting on the deck.

“While I know they finally secured it properly, when you go through something like this – or see it – you don’t feel safe,” she said.

pointing fingers

Khandero has enlisted a lawyer to sue the builder and real estate developer, Pacesetter New Homes Ltd and Pacesetter Homes (Regina), for, among other things, damages from pain, suffering, disability and psychological injuries, as well as income and medical loss. Expenses and punitive damages.

The statement of claim, filed in Queen’s Bench Court on November 3, 2020, alleges that Pacesetter failed to obtain necessary permits or inspections and “was negligent” by using ordinary nails to secure the deck.

An occupancy permit from August 2015 shows disapproval of the basement and back deck of the house. Khanderhoo said he was unable to find any records of the deck permit or city inspection on the roof prior to 2020, when the roof was rebuilt.

In the summer of 2020, after a deck collapse injuring two people, Pacesetter Homes uprooted and replaced the back decks of homes it had built on Kestral Drive in northwest Regina. In a defense statement provided by the court, Al-Binaa denied responsibility for the injuries. (Korosh Khandru)

Pacesetter’s defense statement said they “exerted a reasonable amount of care consistent with the standard expected of reasonably prudent home construction” and denied any negligence.

The legal filing indicated that the homeowners may have failed to maintain the roof or put too much furniture on it, or that subcontractors were to blame.

In July 2021, Pacesetter added Duaco Construction Inc. to the lawsuit in a third-party claim, stating that Duaco was responsible for the framing and construction of the deck. The court document alleged that Dwako had failed to properly secure the deck and had failed to exercise reasonable care, skill and diligence.

Pacesetter also added the city of Regina as a third party, but dropped the measure in May 2022 “at no cost” and “in accordance with an agreement reached between the parties.”

The City of Regina will not disclose the terms of this Agreement or whether it involves a financial settlement.

The City of Regina will not comment on the case or provide permit information. Pacesetter Homes manager Regina said he could not comment while the matter was in the courts. Calls and emails to Duaco Construction have not been returned. The company has yet to provide a defense statement.

The future is uncertain

Khandru said his wife was traumatized by the fall and decided to move to Toronto when their twin sons were accepted to the University of Waterloo. He now lives alone in the house.

Mahad Khaniki is receiving help from her twin sons. She required several surgeries for a broken heel and ankle. (Korosh Khandru)

The professor loves his teaching job at the University of Regina, but said he’s tired of living in the city alone. He said his wife would not return because of the “terrifying memories”.

He wants a solution and some form of recognition.

“We didn’t feel important,” he said. “Everything that happened didn’t matter to anyone. I feel like no one cares about us.”

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