Tuesday's BC Supreme Court decision has resolved a dispute which arose in 2021 between the City of Kelowna and the Hotel Eldorado.
The City of Kelowna initiated the lawsuit seeking a permanent injunction to prevent the Hotel Eldorado from restricting future access to the hotel boardwalk. In his decision, BC Supreme Court Justice D. Allan Beeton refused to issue a permanent injunction noting that the hotel had indicated there would be no unauthorized closures of public access going forward.
Rudolf Heider, Director of Hospitality for Argus Properties which owns the Hotel Eldorado says they will comply with the court ruling.
“Throughout this process we have always been driven by a fundamental concern for the health and safety of our hotel guests, staff and members of the public using the boardwalk in front of the hotel. As the court recognized this was an ongoing challenge as we adjusted to the impact of the global pandemic and needed to comply with mandatory public health orders from Dr. Bonny Henry, BC’s Provincial Health Officer. That said, safety concerns remain.”
Heider says this decision clarifies the legal status of the boardwalk and allows the parties to move forward.
“We will of course comply with the court's decision as we have from the beginning. That said, the safety issue remains. The boardwalk terminates on the south end at the city boat launch, which over the years has been a source of constant construction and maintenance. We continue to believe accessing the boardwalk at the boat launch is inherently unsafe. Additionally, allowing e bikes and other motorized methods of transportation on the boardwalk is unsafe for pedestrians, hotel guests and our staff. The boardwalk will remain open and in full compliance with the court’s decision. The Hotel Eldorado is iconic and we are proud to continue that heritage. The name has been a part of Kelowna history since 1926 and has played an historic role in the establishment of the Okanagan Valley and Kelowna as perhaps Canada’s finest tourism destination. And now, we are looking forward to a wonderful summer hosting our guests on the boardwalk.”