Overview

This website provides information about a petition to the court filed by Whitworth Holdings Ltd. (“Whitworth”) regarding the following properties located in Kelowna, B.C.:

1. 1221 Lawrence Avenue;

2. 1254 Lawrence Avenue;

3. 1281 Lawrence Avenue;

4. 1220 Kelglen Crescent;

5. 1240 Kelglen Crescent; and (the “Original Properties”)

6. 1289 Lawrence Avenue; (“1289 Lawrence”)

(collectively the “Properties”).

​

Whitworth is the registered owner of the Properties.  The petition seeks court orders cancelling or modifying a common law building scheme registered in the early 1960s on title to the Properties and other properties in the Richmond Park neighbourhood (the “Neighbourhood”). 

​

This website is for information purposes only.  You should consult a legal adviser if you have any questions or are uncertain as to your rights or obligations.  This website is not intended to provide you with legal advice.  You are entitled and encouraged to seek independent legal advice with respect to your legal rights in this matter.

​

Background

As part of the development of a section of land located in the Neighbourhood (the “Pridham Lands”) the developer, Pridham Estates Ltd., registered a common law building scheme (the “Building Scheme”) in the Land Title Office (the “LTO”) which appears as a legal notation on title to many of the properties within the Neighbourhood, including each of the Properties.  The Building Scheme imposes a list of restrictions regarding the use of the Pridham Lands.   

​

Whitworth, through its corporate entities, has been the registered owner of the Original Properties since 1961.  Each of those lots currently contains a single two-story rental building with four to six units per storey. 

​

Whitworth purchased 1289 Lawrence in November 2025 with the intention of constructing a four-building rental complex on the Properties.  Whitworth has not begun construction on the Properties due to the uncertainty created by the Building Scheme. 

​

The Whitworth Petition

On March 12, 2026, pursuant to section 35(2) of the Property Law Act, Whitworth filed a petition in the Supreme Court of British Columbia seeking, among other things, a court order that the Building Scheme be cancelled as against the Properties, or, in the alternative, a court order modifying the Buildings Scheme such that Whitworth may develop the Properties.

​

Whitworth’s Petition and supporting affidavits may be accessed at the links below:   

1. Petition to the Court filed March 12, 2026;

2. Affidavit #1 of Sam McDonald, filed March 12, 2026;

3. Affidavit #1 of Cameron Costley, filed March 12, 2026;

4. Affidavit #1 of Emma Cornelius, filed March 12, 2026.

 

​Response to Whitworth Petition

All owners of lots located within Subdivision Plan 10689 as set out in Schedule “A” to the Petition (the “Respondents”) are named as respondents to the Petition because their interests may be affected by the modification or cancellation of the Building Scheme.  As respondents, the Respondents are entitled to make their views known to the Court and may file a Response to Petition and any affidavit evidence they feel is appropriate.   

​

If you intend to take a position regarding the Whitworth Petition, you must file a Response to Petition, and supporting affidavits, with the court registry on or before April 29, 2026, and provide a copy by email to Peter J. Roberts, K.C., legal counsel for the Petitioners, at proberts@lawsonlundell.com.    

​

A link to a blank Response to Petition for the Whitworth Petition can be found here.

​​​

​​​

​

​​