Kelowna diamond magnate files new lawsuit against neighboring Aqua development – Kelowna News

A Kelowna diamond magnate has filed another lawsuit against a major project being built next door, this time over the damage the construction allegedly caused to his home.

Charles Fipke sued the City of Kelowna and Aqua Resort Ltd. back in 2021 in an effort to prevent the large condo development on Capozzi Road, right next to his property, from being built. The massive project, developed by the Mission Group, will include three towers of 13, 15 and 17 floors.

Fipke’s original lawsuit was highly technical and revolved around including submerged land in the density calculation for the project. He requested judicial review of a decision by the City of Kelowna to issue a development permit and development variance for the project.

But a BC Supreme Court judge ruled against Fipke in March 2022, allowing the project to proceed, and the decision was confirmed by the BC Court of Appeal in January 2023.

Last week, Fipke filed another lawsuit against Aqua Resort Ltd, Mission Group and several engineering and architectural firms that worked on the project, alleging that the construction of the project damaged his home and properties, which are located immediately adjacent to the project. has damaged.

Construction of Aqua began in 2022 and Fipke says he first noticed cracks around his house and property in November of that year.

“Research has revealed that the Fipke property and home have experienced various settlements and land movements as a result of the development,” Fipke’s lawsuit alleges.

“Specifically, two types of settlement caused by construction have affected the Fipke property and house: an initial settlement due to compaction of granular soils at the surface due to construction vibration; and consolidation settlement due to applied loads on soft soils.”

Fipke says the damage to his property includes cracks in the foundation of his home, separation of the floor slab from the foundation wall, cracks and separation of drywall, damage to his irrigation system and damage to exterior stairs, fencing and gates.

Fipke is seeking damages consisting of the costs of repairs to his property, the investigation and monitoring of the damage, his insurance deductions, living expenses and the depreciation of the property.

BC Assessment lists the estimated value of Fipke’s properties at more than $7 million. He has lived there since 2006.

The geologist, one of Kelowna’s wealthiest residents, made his fortune after his company discovered diamonds in the Northwest Territories in the early 1990s.

In addition to the alleged damage to the property and home, Fipke’s lawsuit says construction of the Aqua project has caused “unreasonably substantial interference with Dr. Fipke’s enjoyment” of his home and property.

None of the defendants have yet formally responded to Fipke’s lawsuit. None of Fipke’s claims have been tested by the court.