Last Updated: March 25, 2020
IN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE MATTER OF THE PROPERTY LAW ACT, R.S.B.C. 1996, c. 37
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.
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.
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 was originally set to be heard on December 19, 2019. On that date, Mr. Justice Basran granted the order listed under #2 of the heading "C. Court Orders and Judgments" below, and adjourned the substantive hearing of the petition to the week of January 20, 2020. Following this, counsel for the two stratas sought additional time to review the matter and have discussions with the City of Colwood and Relevant. As a result, the hearing of the Petition was adjourned to the week of February 18, 2020 and was adjourned again to the week of March 30, 2020 for a two day hearing.
However, due to the Covid-19 pandemic, the BC Supreme Court has ordered the temporary closure of all courthouses and all civil matters scheduled for hearing between March 19, 2020 and May 1, 2020 are automatically adjourned, which includes the hearing of this petition. The hearing of the petition will be reset by the court at a later date. For further information, please see the BC Supreme Court website at: https://www.bccourts.ca/supreme_court/ , including the most recent Notice regarding adjournments.
Please note, as the court registries are presently closed, should wish to file a Response to Petition and any supporting affidavit material, it will have to be done online. Please provide a copy of any material to counsel for the petitioners, Peter Roberts, Q.C., at firstname.lastname@example.org. A link to a blank Response to Petition can be found here.
Copies of the Petition, supporting affidavits and other material filed with the court are set out below under the heading "A. Petition Materials".
A. Petition Materials
B. Response Materials
To date, no responsive materials have been filed.
C. Court Orders and Judgments