Lawson Lundell Advises Clearwater Park GP Inc. in Successful Defence of Squamish Development

Lawson Lundell is pleased to have acted for Clearwater Park GP Inc. ("Clearwater") in a successful petition to remove a historical building scheme on title to a lot owned by Clearwater, allowing Clearwater to proceed with construction of a four unit townhouse development in Squamish. In a July 3 decision, the B.C. Supreme Court also dismissed a challenge brought by neighbouring homeowners, finding that restrictions from that building scheme had become obsolete in light of challenges regarding compliance with that building scheme, and current community growth.

Lawson Lundell’s legal team included Peter Roberts and Jordan Hayward, who represented Clearwater in the proceeding.

Justice Frits Verhoeven emphasized that lower-density, single-family home restrictions no longer reflect Squamish’s needs, noting that the community has grown more than 22  percent between 2016 and  2021 and is preparing for continued expansion. The Court accepted that Clearwater held valid development permits issued by the District of Squamish, and that the building scheme had been “widely ignored” over time as neighbourhood development evolved.

“I am not without sympathy for the neighbours’ wish to preserve the status quo,” the Judge stated, “but the broader public interest—including the need for additional housing—carries significant weight.” The Court ordered the building scheme cancelled, clearing the way for construction to proceed.

This decision reinforces a growing judicial willingness to weigh outdated land-use restrictions against the pressing need for new housing. It provides clarity on how courts may treat historical building schemes in communities experiencing rapid growth, and underscores that lawful permitting and changing neighbourhood character can justify removing restrictive covenants.

The full decision is available here: 2025 BCSC 1239 (CanLII)