Last Updated:  November 18, 2019

NO.  S-19-4985
VICTORIA REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF THE PROPERTY LAW ACT, R.S.B.C. 1996, c. 37

 

BETWEEN:

RELEVANT PROPERTIES (1111445) INC.,
RELEVANT PROPERTIES (1138800) INC.,
RELEVANT PROPERTIES (1138802) INC.,
RELEVANT PROPERTIES (1138805) INC.,
RELEVANT PROPERTIES (1138814) INC., and
RELEVANT PROPERTIES (1138821) INC.

PETITIONERS

AND:

THE CITY OF COLWOOD,
TWO WATERS COMMUNITY ASSOCIATION,
THE OWNERS, STRATA PLAN VIS6787,
THE OWNERS, STRATA PLAN VIS6814,
each of the parties set out in Appendices “A” and “B” to this Petition and
all other persons entitled to the benefit of or having an interest in the various
Easements and Section 219 Covenants registered in the Victoria Land Title Office
under numbers FB260644 through FB260653.

RESPONDENTS

Background

This website provides information about a court proceeding commenced by the Colwood Relevant Group seeking the cancellation or modification of certain reciprocal easements and s.219 Land Title Act covenants registered on title to certain development property owned by the Colwood Relevant Group.  That development property is located near the Esquimalt Lagoon and is currently being marketed as the Two Waters project (https://twowaterscolwood.com/). 

The Colwood Relevant Group intends to develop this land in nine phases into a total of approximately 700 housing units comprised of strata lots, town homes and single family dwellings.  

The Colwood Relevant Group has received or will apply to the City of Colwood for all necessary approvals and permits for this proposed development.  The Colwood Relevant Group will be subject to all the ordinary requirements of the City of Colwood with respect to the planning and construction of this development.

This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations.  This website is not intended to provide you with legal advice.  You are entitled and encouraged to seek independent legal advice with respect to your legal rights in this matter.

Petition to Cancel Reciprocal Easements

The registered owners of the Two Waters development in the City of Colwood, the Relevant Colwood Group, have commenced a Petition in the B.C. Supreme Court for the purpose of seeking a court order cancelling certain reciprocal easements and s.219 covenants (the “Reciprocal Easements”) registered on title to the Two Waters properties.  The Reciprocal Easements are registered in the Victoria Land Title Office under registration numbers FB260644 through FB260653.  The Reciprocal Easements were intended to facilitate and protect access and other rights relating to “Common Facilities” (as defined in Reciprocal Easements) that were potentially to have been built on the properties by past developers.  Those Common Facilities were not built by the past developers of this site. 

A link to a copy of Reciprocal Easements FB260644 to FB260653 is here.

The Reciprocal Easements are also registered on title to each of the strata lots and the common property of the two neighbouring stratas developments: The Owners, Strata Plan VIS6787 and The Owners, Strata Plan VIS6814.  Each strata lot is subject to the burden and the benefit of the Reciprocal Easements.  As a result, each strata lot owner is entitled to notice of the Relevant Colwood Group’s application to cancel the Reciprocal Easements.

The petition hearing date is Thursday, December 19, 2019 at 10 a.m. at the B.C. Supreme Court at 850 Burdett Avenue, Victoria.  

You are entitled to attend this court hearing and make your views known.  If you intend to do so, you should file a Response to Petition and any supporting affidavit material with the court registry on or before Monday, December 2, 2019, and provide a copy by email to Peter Roberts, Q.C., legal counsel for the Petitioners at proberts@lawsonlundell.com.  A link to a blank Response to Petition can be found here.

Links to the Petition, supporting affidavits and other material filed with the court are set out below under the heading "A. Petition Materials".  

A.  Petition Materials

  1. Petition, filed November 7, 2019;

  2. Affidavit #1 of Jean Mai, sworn November 5, 2019;

  3. Affidavit #1 of Debbie Millward, sworn November 5, 2019 pages 1-87;
    Affidavit #1 of Debbie Millward, sworn November 5, 2019 pages 88-215
    ;

  4. Affidavit #1 of Peter Tioco, sworn November 6, 2019;

  5. Affidavit #1 of F. Lane, made November 6, 2019;

  6. Notice of Application for substituted service, filed November 7, 2019;

  7. Notice of Hearing, filed November 7, 2019

  8. Affidavit #2 of Jean Mai, sworn November 18, 2019 (Exhibit A: Reciprocal Easement Agreement Charges FB260644-FB260653).

B.  Response Materials

To date, no responsive materials have been filed.

C.  Court Orders and Judgments

  1. Order of for substituted service granted November 7, 2019;