Court stays a hearing on petition aimed at ousting Greenwood council members

Justice Rogers identified the alleged lack of compliance as a threshold issue in regards to the petition filed this summer.

The Supreme Court stayed a hearing on the Petition, a court document filed this summer aimed at ousting four members of Greenwood City Council.

The court’s decision was outlined in a letter to the city from Barry Williamson of Young Anderson Barristers and Solicitors.

In it, Williamson summarized Justice Peter Rogers ruling that the petition was not in compliance with the Community Charter Section 111, and consequently was inadmissable. However, the petitioners do retain the option of rewriting the petition so that it complies with the charter and submitting the revised document to the court.

“The status of the petition following Justice Rogers’ ruling, is that it is stayed until the deficiency in the initial proceeding has been remedied,” Williamson said. “While we understand Mr. Yates is interested in reserving a date for a hearing of the petition grounds, in our view this would be premature until a petition in proper form has been filed by the petitioners.”

The letter, which is now on public record at City Hall, also included several paraphrased descriptions of Justice Peter Rogers’ findings during the proceedings.

“While Exhibit ‘A’ to the affidavit filed by Mr. (Christopher) Yates is a petition signed by 26 individuals in support of the petition,” Williamson wrote, “they are not named as petitioners in the petition itself. Mr Yates had framed the style of cause as ‘Yates et al.’ As Justice Rogers noted, there is no individual named ‘et al’, although it is a term frequently employed to refer to a number of plaintiffs, petitioners, respondents or defendants. It is not, as pointed out by the court, a substitute, however, for properly naming the required parties in an initiating process, such as a petition.

“Justice Rogers identified the alleged lack of compliance as a threshold issue that should be addressed at the outset as the outcome could conceivably result in the dismissal of the proceeding,” continued Williamson.

“After hearing brief submissions, the judge ruled orally that the petition, as filed, was deficient for failing to comply with Section 111 of the Community Charter. The significance of the 10 petitioner (minimum) requirement was to ensure, in the judge’s words, that as few as one or two disgruntled individuals could set in motion such an important process. The Legislature deliberately imposed the 10 petitioner requirement to address that concern.”

The letter goes on to describe the allegations of the petition and outlines Rogers’ costs ruling. “Justice Rogers ruled that the respondents were entitled to their costs of the cause in respect of the Nov. 18th hearing. That means that if the respondents are successful in the end result of having the petition dismissed, they have certainty that the costs of this hearing have been awarded in their favour. However the petitioners cannot recover any costs in relation to the court ruling to stay the petition even if they were to succeed later.”

When reached for comment regarding the letter, Yates said, “It is defamation, which has led to a complaint being filed with the law society against the lawyer and a copy being sworn into record for the judge to see when we are next before him.”

Lawyer Williamson told the Boundary Creek Times that the letter’s content was derived entirely from Justice Rogers’ Nov. 18 hearing, and that Rogers’ oral ruling would eventually be transcribed. Williamson also stated that his letter was typical of standard practice, whereby such correspondence is designed to summarize court proceedings for those unable to attend a hearing.

Mayor Smith declined to comment at this juncture.


Just Posted

Sunday update: dozens of new fires discovered yesterday in West, East Kootenay

Weather front moving through area sparks fires including in Syringa Provincial Park and Valhalla.

Child, 4, attacked by cougar near Fernie

The BC Conservation Officer Service said it happened while the family was fishing

Lightning sparks more than 20 new fires in West Kootenay

Fires burning across West Kootenay include Syringa Provincial Park and Valhalla.

UPDATE: 5 injured in plane crash following Abbotsford International Airshow

One in critical condition in incident involving vintage plane

UPDATE: Fire closes BC Hwy 3 between Salmo and Creston

‘Extreme fire behaviour’ of Blazed Creek fire forces road closure on main southern route to Alberta.

A look at B.C. wildfire smoke from space

NASA provides a timelapse of smoke covering B.C. from space

Child dies in boating incident in Okanagan

A North Vancouver family was boating on Kalamalka Lake in Vernon when the incident occured

B.C. Wildfires 2018: Province calls for federal aid

More fires have burned in B.C. already this year than did in all of 2017

Kayak in Indian Arm waters off B.C.’s Deep Cove and feast on famous doughnuts

About a half hour drive from Vancouver, Deep Cove is a great kayaking spot for locals and tourists

Trans Mountain pipeline protesters practise resisting police at Camp Cloud

Last week, a Supreme Court judge granted the City of Burnaby an injunction ordering protesters to remove everything from the site

Gun used in Fredericton killings is legal, man had licence

Police Chief Leanne Fitch said the long gun is commonly available for purchase, and is not a prohibited or restricted weapon

Ontario will sell pot online when legalization comes in the fall

There are further plans to have pot in private retail stores in early 2019

Woman missing after car swept away by mudslide near Cache Creek

A search is now underway for Valerie Morris, who has been missing since the afternoon of August 11.

VIDEO: B.C. city to host Western Regional Quidditch Championship in 2019

The fictional game in the Harry Potter series has become popular around the world, with 600 athletes in Canada alone

Most Read