The property in question is located directly across Westside Road from the Lake Okanagan Resort. A company with BC number sued Lake Okanagan Resort over a bad real estate deal. The lawsuit was filed on behalf of 1278317 BC LTD. in Kelowna’s BC Supreme Court on Tuesday, naming Lake Okanagan Resort Development Ltd. The case centers on a parcel of land at 2751 North Westside Road that the resort (the seller) contracted to sell to the numbered corporation (the buyer) in October 2021, for $5,920,000. The large parcel is directly across Westside Road from the Lake Okanagan Resort. In February 2022, the buyer paid a deposit of $290,000 as part of the purchase agreement. The suit alleges that prior to entering into the contract, the resort would upgrade and extend water and sewer services to the boundaries of the property being sold. The suit alleges that both the seller and the buyer knew that an easement existed on the resort land to allow the extension of water and septic services to the buyer’s lot. He also notes that the Central Okanagan Regional District’s official community plan for the North Westside said the lot should connect to “Lake Okanagan Resort infrastructure services.” The plaintiff says it was an implied term of the contract that the resort would make every effort to ensure that work to upgrade the water and sewer services on the buyer’s land was carried out and that the necessary government approvals were in place. The buyer claims this did not happen and has now refused to complete the sale. The plaintiff seeks damages, alleging negligent misrepresentation. The numbered company wants either an order forcing the resort to fulfill its obligations to extend water and sewer services to the lot or damages, including the return of the buyer’s $290,000 down payment. The resort developer has not filed a response to the claim and none of the allegations contained in it have been supported in court. It was revealed this week that Lake Okanagan Resort has been fined nearly $50,000 for pollution related to its septic system.
