Fipke sues Aqua again

A Kelowna diamond magnate has once again filed a lawsuit against a large development being built next door, this time over damage the construction has allegedly caused to his home.

Charles Fipke sued the City of Kelowna and Aqua Resort Ltd. back in 2021 in an attempt to stop the large condo development being built on Capozzi Road, directly beside his property. Developed by the Mission Group, the massive project will include three towers of 13, 15 and 17 storeys.

Fipke's original lawsuit was highly technical and revolved around the inclusion of submerged land in the density calculation for the project. He was seeking a 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 upheld 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 companies who've worked on the project, alleging construction on the project has damaged his home and property, which is located directly beside the development.

Construction on Aqua began in 2022 and Fipke says he first noticed cracking around his home and property in November of that year.

“Investigations revealed that the Fipke Property and the Home have suffered differential settlement and ground movement because of the Development,” Fipke's suit alleges.

“Specifically, two types of settlement caused by the Construction have affected the Fipke Property and the Home: An initial settlement resulting from densification of near surface granular soils due to construction vibration; and consolidation settlement due to applied loads on soft soils.”

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

Fipke is seeking damages that include the costs of repair to his property, the investigation and monitoring of the damage, his insurance deductible, living out expenses and the diminution in value of the property.

BC Assessment lists the assessed value of Fipke's property at more than $7 million. He's lived there since 2006.

One of Kelowna's wealthiest residents, the geologist amassed 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 suit says construction on the Aqua development has caused “unreasonable substantial interference with Dr. Fipke’s enjoyment” of his home and property.

None of the defendants have yet filed a formal response to Fipke's lawsuit. None of Fipke's claims have been tested in court.