- Credit: Carli Berry/Capital News

Judge rules controversial Lake Country inn will not get business licence

A Court of Appeal judge sided with the district Tuesday

Airport Inn Lakeside will not be getting a business licence anytime soon.

The B.C. Court of Appeal ruled this week that the District of Lake Country acted reasonably when refusing to renew the Inn’s business licence, supporting an April decision by a Kamloops judge.

The case is long-standing in Lake Country and the district decided in recent years against renewing the business licence last year because of health and safety concerns. Some of the issues were water-logged floors, electrical problems and mold.

“Secondary issues include frequent and recurring fire inspection and RCMP issues with the property/business,” said Jamie McEwan, community development manager, in a report presented to council at that time. Between April 1, 2009 and Nov. 25, 2016 there were 162 calls for service at the hotel.

READ MORE: Business as usual at controversial Lake Country inn, despite failure to attain a licence

On Feb. 16, 2016, the district’s fire inspector attended the site and noted mold in the interior, storage of household effects and combustible materials in the electrical rooms, water leaking from the ceiling, broken emergency lights, small fires in several electrical outlets and deficient smoke detectors.

The RCMP also advised that they had attended at the inn an average of 28 times per year for a variety of complaints.

Owner Reif Fleihan argued the district failed to send him copies of documents until after the meeting in February, 2017, where the decision was made not to renew the licence.

However, the Kamloops judge ruled that, “there had been discussions with (Fleihan) he had been told of the district’s concerns over the inn’s condition. Fleihan’s solicitor had also been involved with the discussions. At all times, the district had disclosed its concerns and had made suggestions as to how the concerns might be addressed.”

The Court of Appeal judge supported that view.

“To suggest that Raif did not have notice of the deficiencies with the premises troubling the district is simply to ignore the facts at bar,” the appeal judge said, in court documents regarding Tuesday’s decision.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Emergency crews rush youth to hospital after quadding accident in West Kelowna

West Kelowna Fire Rescue’s new off-road vehicle was used in the rescue

Severe thunderstorm watch in effect for Okanagan, Shuswap

Environment Canada is forecasting strong wind gusts, large hail and heavy downpours in parts of the Interior

WorkSafe BC conducted 70 inspections in the Okanagan amid B.C.’s reopening plan

WorkSafe BC has conducted 100 inspections at restaurants across the province since May 19

West Kelowna reopens beach volleyball, new pickleball courts

The City of West Kelowna is asking residents to maintain safe distancing

RDCO announces spring poetry contest winners

The district received 70 poems starting from May 1

11 new COVID-19 cases in B.C. as top doc urges caution amid ‘encouraging’ low rates

Dr. Bonnie Henry also announced that two care home outbreaks would be declared over

Shuswap man reported missing by RCMP has been found unharmed

Salmon Arm resident apologizes for having caused anyone concern

Dr. Bonnie Henry announces official ban on overnight kids’ camps this summer

New ban comes after talking with other provincial health officials across the country, Henry says

Senior man in hospital after unprovoked wolf attack near Prince Rupert

Conservation officers are on site looking for the wolf

VIDEO: NASA astronauts blast off into space on SpaceX rocket

Marks NASA’s first human spaceflight launched from U.S. soil in nearly a decade

Preparations for flooding in the Shuswap accelerate

A sandbagging machine and a crew to run it have been set up in Silver Creek.

‘I knew what he wanted’: Kootenay man spends hours in tree as black bear patrols below

Francis Levasseur is no stranger to the outdoors, but a recent run-in with a bear caused quite a scare

PHOTOS: U.S. cities brace for increasing unrest over police killing of George Floyd

Minnesota Gov. Tim Walz has fully mobilized the state’s National Guard

$200,000 Maybach impounded after ‘L’ driver caught excessively speeding in Vancouver

Meanwhile, the supervisor sat in the passenger seat, police said

Most Read