Interior Health taking notorious West Kelowna gym to court

Iron Energy Gym continues to defy public health orders despite closure orders and fines, so Interior Health has now launched a civil case against the business and its owners.

A notice of claim in B.C. Supreme Court seeks an injunction against the gym and its owners, which was filed today, Feb. 16, in Vancouver.

If the owners do not abide by the closure orders set out by Interior Health, the civil claim seeks to have RCMP arrest anyone police deem to contravene the closure order.

READ MORE: West Kelowna gym handed 21 tickets from Interior Health for public health order violations

The civil claim is the latest escalation in a weeks-long dispute between Iron Energy and Interior Health after the gym defied a December closure order. The gym has now defied two closure orders, received several fines and defied other health orders like checking for proof of vaccine for its members, according to court documents.

The owners were outspoken on social media at the time, claiming the closure hurt the mental health of its members. The order in December was handed down by provincial health authorities in an effort to curb rising COVID-19 cases in B.C.

Gym owners later admitted to not following other public health orders, like checking for proof of vaccination, once having their business licence returned in January.

READ MORE: Decline in COVID hospitalizations in B.C. glacially slow

The gym was later served with another closure order on Feb. 3 along with 21 new fines for contravening two closure orders, but Brian Mark, one of the owners, has continually stated the gym has no intention of paying the fines.

Seven people involved with the gym, Iron Energy and property owner National Storage and Warehousing are named in the notice of claim.

Normally a defendant would be given 21 days to respond to the notice of claim, but with support from seven affidavits, Interior Health and health officer Christopher Russell fast-tracked the claim.

The defendants can respond in writing, or in person at a hearing scheduled for Feb. 18.

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