One of Kelowna’s richest people has lost another court battle over a development going in next to his Lower Mission home.
Charles Fipke sued the City of Kelowna and Aqua Resort Ltd. in 2021 in an attempt to stop the large condo development on Capozzi Road. The Mission Group development will include towers of 13, 15 and 17 storeys.
In March 2022, a B.C. Supreme Court judge sided with the city and tossed Fipke’s case, which was highly technical and focused on the inclusion of submerged land in the density calculation for the project.
On Thursday, a three-justice panel with the B.C. Court of Appeal unanimously upheld the lower court's decision.
Fipke’s lawyers tried to argue at the appeals hearing that the original lower court decision should be overturned on three grounds, all of which were rejected by B.C.’s highest court.
“The chambers judge identified and applied the correct standard of review, reasonableness,” states the summary of the appeals decision.
Fipke amassed a fortune after his company discovered diamonds in the Northwest Territories in the early 1990s and he's now the chairman of the board of Cantex, a Kelowna-based mining firm with assets in the Yukon, Nevada and Yemen.
The Aqua development is in early construction and is 72% sold, according to its website.