KELOWNA – It may not be abandoned but it’s deserted with seemingly no-one looking after the multi-million dollar Kelowna Mountain development.
And with the property unprotected from intruders, it means Kelowna Mountain principals could be exposed to legal liability should someone get hurt at the site which includes four pedestrian suspension bridges.
The road gate to the property just outside the southern boundary of the city is locked.
But there is no perimeter fencing, lights or signs warning trespassers to stay away.
“They should be fencing off obvious perils and certainly signing the place properly,” says local lawyer Joe Gordon.
Gordon says land owners can’t disregard the safety of people entering their property, even if they’re uninvited.
“Trespassers are basically deemed to assume liability for their own actions. But some trespassers have succeeded in lawsuits against people who have set traps for them or who have recklessly disregarded the safety of anybody, even trespassers,” says Gordon.
Kelowna Mountain is the subject of numerous foreclosure lawsuits with lenders claiming mortgage debts totaling millions of dollars have not been paid.
Developer Mark Consiglio recently moved to Vancouver.
Consiglio has not returned requests for comment from Global Okanagan News left on his cell phone and with his lawyers.
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