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2021 collapse cited in barring crane use above apartment building

August 14, 2023  By Castanet

A Kelowna, B.C. construction company has been barred, at least temporarily, from using a crane in the airspace above a neighbouring apartment building during the construction of the massive Movala development in Kelowna’s Mission area.

In a recent BC Supreme Court decision, Justice Ardith Walkem granted an interim, four-month injunction restraining Stober Construction Ltd. from trespassing over the airspace above the Palisades Apartment building at 3195 Walnut Street. Witmar Holdings, the owner of the Palisades, made the application after talks between the two local companies over the use of a crane above the apartment building broke down, and Stober opted to proceed anyways without Witmar’s permission.

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According to the decision, Stober first reached out to Witmar about the proposed crane location on Feb. 22, 2022, showing a map with the proposed location of the crane and the reach of its swing, which would encroach about 20 metres over the Palisades building and its rooftop terrace. A couple weeks later, Witmar declined the proposal, citing the tragic July 2021 crane collapse in downtown Kelowna that killed five people.



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