In whose court is Maple Pool solution?

Courtenay appears to have some justification for its legal action against Maple Pool Campsite owners Dali and Jin Lin.

Courtenay appears to have some justification for its legal action against Maple Pool Campsite owners Dali and Jin Lin.

Thanks to an increasing litigious society, the City seems to have a legitimate concern.

The campground is built on a floodplain. The issue is whether the City, by not enforcing one of its many bylaws, would be legally liable should a flood injure or kill a Maple Pool resident or cause property damage.

That seems to be a fair concern legally and in the interest of City Hall’s obligation to protect the interests of Courtenay citizens, especially its taxpayers.

This situation is not unique to Courtenay or the Comox Valley.

A few years ago in Vancouver, City staff tried to shut down a rooming house, which caught fire and killed three men before it was closed.

Was the municipality responsible? If a lawsuit is filed, a judge has to decide these matters, and taxpayers have to pay whatever bill arises.

Former Courtenay chief administrative officer Sandy Gray was not on great ground, though, when he repeatedly stated the issue of Maple Pool residents one eviction away from homelessness just muddied what he saw as strictly a zoning issue.

Many Comox Valley residents and even a Supreme Court judge in Nanaimo seem to believe the plight of 50 almost-homeless people is more than an inconvenient complication.

Gray and the City suffered a PR black eye when he ordered the Lins to evict their tenants. He granted a six-month extension, but the two sides have not been able to agree on a solution.

David Allen, Gray’s successor, has inherited this legal landmine that he is trying not to step on.

A costly legal action would not be in the best interest of the City, its taxpayers, the Lins or their residents.

Is there still time and enough good faith to step back from the courts?

The Lins must step up to the plate and do what they can to address the City’s concerns. Perhaps Allen can find a non-legal option where Gray could not.

editor@comoxvalleyrecord.com

 

Just Posted

Some Cumberland businesses closing for climate strike rally Friday

A Climate Strike Cumberland Solidarity Rally is set for outside the Cumberland municipal office

Comox contestant competes on Great Canadian Baking Show

Andrea Nauta auditioned for the show before but was lucky second time around

Comox hires former Nanaimo city manager as interim CAO

The position will be for an estimated six months

Cumberland doing more geotech work on dam

Allen Lake assessment shows small area of ‘unsuitable’ material needing more study

Cumberland joins other communities in plastic ban response

Village collaborates with Squamish, Tofino following court’s quash of single-use regulation

VIDEO: Trudeau asks Canada to look to current, not past, actions on race

Liberal leader says he never spoke about the racist photo because he was embarrassed

Horvat paces Canucks to 6-1 pre-season win over Oilers

Vancouver improves to 3-1 in NHL exhibition action

Legislature gifts, clothing, travel need better control, B.C. auditor says

Audit follows suspensions of managers by Speaker Darryl Plecas

‘Really disturbing:’ Trudeau’s racist photos worry B.C. First Nation chief

Wet’suwet’en Chief concerned the photos will sow fear in Indigenous communities

‘Unacceptable’: What politicians have to say about Trudeau in blackface

Calgary Mayor Naheed Nenshi: ‘When I saw that picture last night, certainly it was a sucker-punch’

‘He’s trying to kill me’: Victoria police commandeer boats to reach screaming woman

No charges laid and civilians to be awarded honours after incident on Gorge Waterway

VIDEO: B.C. man accused of assaulting sex worker loses temper in interrogation

Defence lawyer says statements made by accused Curtis Sagmoen should be deemed inadmissible

John Horgan promises action after fatal mid-Island bus crash

Premier cites students, local Indigneous community as reason to repair the road

Teens charged in stabbing death of B.C. man in strip mall parking lot

Two youths, aged 15 and 16, charged in Aug. 16 killing of South Surrey’s Paul Prestbakmo

Most Read