A numbered company is suing one of Vancouver’s most prolific developers and seeking an injunction to keep that developer and its contracted workers from trespassing and using a crane in the airspace above the plaintiff’s property.
0733603 B.C. Ltd. is suing Westbank Projects Corp. along with Icon Pacific Construction Corp., Cordova Housing Property Inc. and Coupal Climbing Cranes Ltd.
Representatives of the numbered company claim that they own 320 Abbott Street – property that includes a mixed-use building that includes one commercial unit and 60 subsidized apartment units.
Cordova Housing owns addresses along Cordova Street, contiguous to the plaintiff’s property, which Westbank is developing into a condominium complex.
The numbered company alleges that each of the defendants have, on numerous dates, wrongfully and without lawful excuse, entered the Plaintiff’s property.
Part of that intrusion is by continuing to operate a construction crane in the airspace above the plaintiff’s property.
Each of the defendants is also alleged to have threatened to continue to use the crane unless restrained from doing so. The defendants are currently infringing on the plaintiff’s property rights by using the crane and they have done so since March, according to the notice of civil claim.
Each of the defendants deny that they are doing this in a response to the civil claim.
“If the crane did enter onto the plaintiff’s property or pass through its airspace, which is expressly denied, the defendants state that the plaintiff has suffered no damage and puts the plaintiff to strict proof thereof,” reads the defendants’ statement of defence.
