Construction often calls for tall cranes with jib arms that arc through the air carrying their loads. That over-swing can create safety issues for adjacent buildings. Ploughing ahead and using a tall crane without prior agreement and in disregard to the r
Stober Construction installed a 38-metre crane to build its multi-level condominium complex called Movala in Kelowna, B.C. As construction progressed, the crane height increased to 60 metres. Next door was an existing three-building, 30-unit rental apartment complex called Palisade, owned by Witmar Holdings Ltd.
Stober then submitted details of restrictions and mitigation efforts it would undertake if Witmar would agree to the crane’s over-swing. These included: No live loads passing over the Palisade; free swing of the crane only outside business hours; incident insurance of $10 million; assurances regarding the use of experienced crane operators; and written notification to Palisade tenants concerning construction plans.
Witmar then applied for an interim injunction to prevent Stober from accessing its airspace which it regarded as a trespass.the passage of Stober’s crane into Witmar’s airspace did amount to a trespass. “I observe that the costs Stober argues were largely incurred by itself….Though the amounts of potential damages Stober alleges are significant, they are monetary amounts.”
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