City Vs Columbus Hotel Appeal to be Heard in P.G.
By 250 News
Friday, March 11, 2011 04:00 AM
EXCLUSIVE
Prince George B.C. – Opinion 250 has learned the Court of Appeal for British Columbia will be sitting in Prince George one week from today.
The case that will be before the three Justices, is the City of Prince George vs Columbus Hotel Company (1991) Ltd. This is the case, where the City has been trying to recoup demolition and clean up costs incurred in the wake of the Columbus Hotel fire.
In its original statement of claim, filed in February of 2009, the City was calling on the court to have the former owner of the hotel pay $175,279.85 for the clean up and back taxes, plus court costs. The former owner of the hotel argued successfully in Supreme Court that he was not responsible for the clean up as the City owned the property as the result of a tax sale. The court ruled the City could not recover remedial expenses from an occupier of property owned by the City unless the occupier caused or contributed to the condition requiring remediation. So the City lost that round.
The City has not said how much money in legal costs has been spent trying to recoup the cost of the clean up and back taxes.
The Court of Appeal actually sitting in Prince George is a rare event. The most recent was a ceremonial sitting to mark the Court of Appeal’s centenary last fall. There was no actual case presented at that sitting. Prior to that, it has not heard a case in Prince George for at least a dozen years.
The session next Friday will be what is considered a “Partial Day” sitting, which will start at 10:00 a.m. and end at 12:30 . It will require having three Court of Appeal Justices to come to Prince George to hear the arguments from the City’s legal counsel and the defendant as to why the previous court ruling should or should not be overturned.
Previous Story - Next Story
Return to Home