Aragon (Colwood) Properties Ltd.
Background
This website provides information about a court proceeding commenced by Aragon (Colwood) Properties Ltd. (“Aragon”) seeking the cancellation or modification of certain reciprocal easements and s.219 Land title Act covenants registered on title to certain development property owned by Aragon. The development property is located near the Esquimalt Lagoon on Selleck Way in the Ocean Grove area of the City of Colwood.
Aragon intends to develop this land in stages and will ultimately build a total of approximately 700 housing units comprised of strata lots, town homes and rental units.
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Aragon has received or will apply to the City of Colwood for all necessary approvals and permits for this proposed development. Aragon’s development of these lands will be subject to all the ordinary requirements of the City of Colwood with respect to the planning and construction of this development.
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This page is for information purposes only and you should consult your professional and 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.
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Petition to Cancel Reciprocal Easements
Aragon is the registered owner of a 26.5 acre development site (the “Aragon Property”) in the City of Colwood that has been the subject of a number of previous development efforts by other developers. Aragon commenced a Petition in the B.C. Supreme Court for the purpose of seeking a court order cancelling certain reciprocal easements and s.219 covenants (the “Reciprocal Easements”) registered on title to the Aragon Property. The Reciprocal Easements are registered in the Victoria Land Title Office under registration numbers FB260644 through FB260653. The Reciprocal Easements were intended to facilitate and protect access and other rights relating to “Common Facilities” (as defined in Reciprocal Easements) that were to have been built on the properties by past developers. Those Common Facilities were not built by the past developers of this site.
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A link to copies of the Reciprocal Easements is here.
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The Reciprocal Easements are also registered on title to each of the strata lots and the common property of the two neighbouring stratas developments: The Owners, Strata Plan VIS6787 and The Owners, Strata Plan VIS6814 (the “Baltic Stratas”). Each strata lot in the Baltic Stratas is subject to the burden and the benefit of the Reciprocal Easements. As a result, each strata lot owner is entitled to notice of Aragon’s petition and the application to cancel the Reciprocal Easements.
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The petition hearing date has been set by agreement between Aragon, the Baltic Stratas, and the City of Colwood, for September 24, 2025 at 9:45 a.m. at the B.C. Supreme Court at 850 Burdett Avenue, Victoria.
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Any owner of a strata lot in the Baltic Stratas is entitled to attend this court hearing and make their views known. If you intend to do so, you are required to file a Response to Petition and any supporting affidavit material with the court registry on or before May 15, 2025, and provide a copy by email to Peter Roberts, K.C., legal counsel for the Petitioners, at aragoncolwood@lawsonlundell.com.
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A link to a blank Response to Petition can be found here.
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Links to the Aragon Petition, supporting affidavits and other material filed with the court are set out below under the heading "A. Petition Materials".
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A. Petition Materials
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B. Response Materials
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C. Court Orders and Judgments