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Injunction, punitive damages sought by condo owners next door to construction site.
A Vancouver strata corporation is suing a developer and contractor who allegedly operated a construction crane above the strata’s buildings and lands without permission.
Strata Plan BCS1199 is suing Keltic Canada Development Co. Ltd. and WCL Formwork Ltd. for the crane’s alleged encroachment into the strata’s airspace, which the strata says is a trespass and nuisance, according to an Aug. 12 civil claim.
The strata corporation represents unit owners of The Left Bank, a nine-storey condo building at 919 Station St. It claims Keltic and WCL are constructing one or more buildings on an adjacent site at 200 Prior St. and using a crane that swivels above the strata’s property.
An online project description by architect MCM Partnership suggests Keltic’s work is related to a new medical office building at 220 Prior St. at the northwest corner of the future St. Paul’s Hospital site.
“The defendants’ conduct demonstrates complete disregard for and a blatant violation of the strata corporation and the owners’ inviolable property rights,” said the civil claim.
“The operation of the crane jeopardizes the safety of the owners and their tenants, occupants and visitors,” added the claim, which seeks an interim injunction and $1 million in punitive damages.
The claim has not been tested in court, and the defendants have not yet filed responses to the claim. The claim says no resolution was reached after the strata demanded cessation and its counsel, Paul Mendes, met with Keltic’s lawyer.
Mendes and Keltic did not respond to requests for comment. Nor did Keltic’s lawyer, Gillian Piggott.
WCL and its registered lawyer, Paul Weir, also did not respond to requests for comment.
WCL was allegedly formed in 2024 by the principals of Whitewater Concrete Ltd. and related entities, which are currently in a receivership overseen by Deloitte Restructuring Inc., according to public insolvency documents.
Airspace is a legal concept in B.C. that gives a property owner rights to the air above their property to a reasonable level reflecting their uses of the property.
One expert said there is always a level of risk, and that WorkSafeBC has many regulations regarding safe crane operation.
“If the crane swings over neighbouring properties, easements or ‘swing agreements’ are required between the developer or property owner and the neighbouring properties under the crane’s radius,” said Jen Mutas, a field occupational health and safety manager with BC Crane Safety.
“If one isn't in place, a motion can be filed to prevent any crane movement over the neighbouring properties, including weathervaning, which is an important safety component of crane operation,” she said, referring to when cranes rotate freely to minimize wind resistance.
The Left Bank cited in its civil claim a 2020 decision by B.C. Supreme Court Judge WA Baker suggesting “licence agreements,” with or without payment, are an industry practice in similar situations involving cranes and airspace.
The precedent—OSED Howe Street Vancouver Leaseholds Inc. v. FS Property Inc.—granted an interim injunction prohibiting the operation of a crane outside of licensed hours, ruling that it would otherwise be trespassing.
The decision acknowledged that neighbours in dense areas must engage in some give-and-take to accommodate construction.
“There is no perfect solution to construction in a densely populated urban environment like downtown Vancouver,” wrote the judge.
21-08-2025 -
The GJ Group has acquired the corner property that has 90K square feet of leasable space, and could be rebuilt to include retail and hotel use
A major redevelopment project may be in the cards on the northeast corner of Granville and Robson streets in Vancouver.
Bonnis Properties Inc. has sold the site, known as 798 Granville St., to The GJ Group for $140 million, according to a report from Storeys.
The site includes Best Buy, Marshalls and Cafe Crepe as tenants on the taller corner side of the site, but the 23-year-old building with 90,000 square feet of leasable space stretches along Granville Street to the north up to the Vancouver Block building, which was completed in 1912. Tenants in that strip include brands such as North Face, Vans and Sleep Country Canada.
No one at GJ Group immediately responded to BIV's request for an interview to discuss plans for the site.
Bonnis principal Kerry Bonnis told BIV in 2021 that he would likely demolish the building within five to 10 years and rebuild something taller because the site is far below what he said was the maximum allowable height of 600 feet. One thing that he said may complicate that redevelopment would be a view cone that crosses the site.
He put the site up for sale in 2023.
While Bonnis originally had envisioned rebuilding an office building on the site, retail real-estate watchers say a hotel may be a wiser decision.
"They have to get their money back and make the return," Vamos Development Advisors principal Michael Penalosa said of The GJ Group. "They are going to go for the density, and a hotel is one of the likely considerations given that we have such a shortage of hotels in the city and that would probably fast track [approval for] that type of use more than others."
He told BIV that he thinks the ground floor of the site would remain as retail and that its large size means that it could be perfect for tenants that seek substantial floorplates for their brands' concepts.
"It could be a Nike flagship store," Penalosa said.
Adidas took over the former Victoria's Secret store site three blocks west of 798 Granville Street, on the corner of Robson and Burrard streets in 2024. That site's size is estimated at about 35,000 square feet.
"You could have a larger flagship store there over two or three levels," Penalosa said. "This has been done before in Vancouver. Because of its high-profile location, the new owner may consider chopping some of the space up and dividing it into multiple retailers."
Other retailers that might be interested in the site include IKEA and Uniqlo, he said. Tadashi Yanai, president of Uniqlo owner Fast Retailing, told BIV in 2017 that he wanted to open a Uniqlo store in downtown Vancouver but he could not find a large enough suitable site.
Penalosa noted that across Granville Street from The GJ Group's site is the vacant 230,000-square-foot former Nordstrom location at CF Pacific Centre. That site has been empty since mid-2023. It is also one block up from the newly vacant 637,000-square-foot space that for decades was home to the Hudson's Bay.
BIV last month asked Cadillac Fairview if there was any headway on its plans for the former Nordstrom site.
"We do have some exciting plans for the former Nordstrom space at CF Pacific Centre, but we're not ready to share details just yet. We'll keep you posted,” it said in an emailed response.
Bonnis has long been one of Granville Street's largest land owners. It also owns much of the street's 800 Block, and it has a proposal to build two towers, 43 and 39 storeys, with 500 rental homes, 100 hotel rooms, five levels of retail, restaurants and entertainment immediately south of the 798 Granville St. site. It has previously owned, redeveloped and sold other land on Granville Street.
Some other major retail real estate transactions so far this year include Shato Holdings buying Willowbrook Park in Langley for $137 million in February, and Finix Holdings buying Cottonwood Centre in Chilliwack for $115 million in May.
[email protected], witter.com/GlenKorstrom, Bluesky.com/glenkorstrom.bsky.social
21-08-2025