The Ladysmith Maritime Society is no longer the steward of the community marina after its application for a court injunction to halt its eviction was denied.
On Dec. 27, the Supreme Court of B.C. denied the application from the society, which was trying to avoid having to vacate the water lot by Dec. 31 as it pursues other legal avenues.
Throughout 2023, the marina was a pressing topic in town as the society held town hall meetings, a protest, and community talks with the goal of continuing operations at the marina, which was owned by the province, leased to the Town of Ladysmith, and was scheduled to be sub-leased to the society until 2029 before StzB次元官网网址檜minus First Nation and the province signed a reconciliation agreement to transfer the title of the water lot.
According to the injunction decision, in the fall of 2022, the society and the First NationB次元官网网址檚 economic development corporation discussed the role LMS would play after the transfer; however, after an exchange of draft agreements, negotiations ended.
Soon after, the town discussed with the province the transfer of the lease, and the province indicated that non-compliant structures, like the caf茅, required fresh application and approval. The town decided not to pursue that option and instead gave the society notice of eviction.
In the spring of 2023, the province wrote to the town that the sub-lease granted to the water lotB次元官网网址檚 holding corporation was void, so the status of the licence held by the society was B次元官网网址渜uestionable,B次元官网网址� according to the courtB次元官网网址檚 decision. The province later decided to write a new lease for StzB次元官网网址檜minus instead of transferring the current lease, and in July, the town chose to abandon its lease effective Dec. 31.
The society alleged in the injunction application that the defendants B次元官网网址� the town, the holding corporation, and the province B次元官网网址� were liable for breach of contract, conspiracy and breach of duty of procedural fairness for passing the abandonment resolution without notice. Those claims have not been proven in court.
B次元官网网址淟MS says that the [town, StzB次元官网网址檜minus, and the province] agreed with one another to terminate LMSB次元官网网址� tenure at the water lot prematurely, without lawful justification, in order to facilitate the transfer of tenure to [StzB次元官网网址檜minus]. LMS also says that the defendants carried out overt acts directed at LMS, and which could reasonably be foreseen to result in injury to LMS,B次元官网网址� noted the decision.
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The defendants argued that the society failed to demonstrate that it would suffer irreparable harm without an injunction, that LMS B次元官网网址渙verstated the consequences of the loss,B次元官网网址� and that there are other parts of its mandate that it could continue to pursue elsewhere in the harbour. The town offered to provide moorage for the museum and the Ladysmith Dragon Boat Society, and suggested loss of moorage fees and other benefits could be compensated if LMS were to succeed in other legal action.
In an affidavit, StzB次元官网网址檜minus Chief John Elliot wrote that any delay of plans regarding Ladysmith Harbour would be an enormous setback to reconciliation efforts.
B次元官网网址淭he reconciliation agreement was supposed to result in immediate benefits to the SFN community. That includes financial benefits but separate from any dollar amounts, there is tremendous importance within the SFN community for us to regain control of additional parts of our territory,B次元官网网址� he noted. B次元官网网址淥ur members have been waiting for decades for the return of the land and water areas in Oyster Bay. The reconciliation agreement was supposed to ensure real action without further delay.B次元官网网址�
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Judge Warren Milman, in his decision, acknowledged that not granting the injunction would cause irreparable harm to the society.
B次元官网网址淚 agree with LMS that the loss with which it is threatened is not one that could readily be compensated in damages,B次元官网网址� he noted. B次元官网网址淎lthough the term of the licence was due to expire in 2029 in any event, the value that LMS will lose over the next six years in the absence of an injunction goes beyond the moorage fees and any other revenue streams that would be lost during that period. LMS will effectively be gutted and its centrepiece asset will be lost.B次元官网网址�
However, the judge added that although the society B次元官网网址渄emonstrated a serious question to be tried on each of its claims,B次元官网网址� none of the claims were B次元官网网址減articularly strong.B次元官网网址�
He also mentioned that while the province and the town were B次元官网网址渓ess than entirely transparent with LMS,B次元官网网址� the society had received notice in the fall of 2022 of the townB次元官网网址檚 intention to abandon its lease and thereby void the sub-lease.
The judge added that further delay of the scheduled transition would B次元官网网址渦ndermine the integrity of the reconciliation processB次元官网网址� and complicate plans to revitalize the waterfront by postponing B次元官网网址渦rgent workB次元官网网址� there. Citing the B次元官网网址渂alance of convenience,B次元官网网址� he refused the application for the injunction, and ruled that the parties will bear their own court costs.
After the court decision, the society began cleaning out the marina, and is working on securing moorage for floating assets such as the caf茅 and museum. The corporation has provided moorage rates for boaters staying in the marina.
B次元官网网址淒espite the challenges, we believe that the Ladysmith Maritime Society will continue to flourish with the collective efforts and enthusiasm of our members,B次元官网网址� noted an e-mail to LMS members from the societyB次元官网网址檚 president, Marnie Craig.
The marina is now called Oyster Bay Marina.
bailey.seymour@nanaimobulletin.com
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