The Squamish Nation Responds (Part 7): Capilano RV Park

This is the seventh in a series of seven posts. The intention is to provide a transparent, truthful and clear accounting of the facts.

These are Squamish Nation responses to some of the public statements made by members of the Partnership (Dennis L. Baker, Frank J. Baker, Darlene Garrick, Pamela Baker, Wayne C. Baker and Wade S. Baker and we understand, Lucy Emily Baker) that operated the Capilano Mobile and RV Park.

Issue #7

MEMBER OF PARTNERSHIP:

“AS a FAMILY, we only want to share the facts! We have attempted two times to meet with Council, family to family, to work this case out. They would not meet without their lawyers.”

SQUAMISH NATION RESPONSE:

We consider this matter to be settled in light of the many court decisions in favour of the Squamish Nation position. We have continually stated that we are hoping that this puts an end to this matter, and that the Partnership will abide by the fair and just decisions of the courts.

Further, since the Partnership continues to bring actions before the court, as they have done as recently as May 28, 2013, legal counsel must be present in any discussions to protect the interests of the Squamish Nation as a whole.

The Squamish Nation Responds (Part 6): Capilano RV Park

This is the sixth in a series of seven posts. The intention is to provide a transparent, truthful and clear accounting of the facts.

These are Squamish Nation responses to some of the public statements made by members of the Partnership (Dennis L. Baker, Frank J. Baker, Darlene Garrick, Pamela Baker, Wayne C. Baker and Wade S. Baker and we understand, Lucy Emily Baker) that operated the Capilano Mobile and RV Park.

Issue # 6

MEMBER OF PARTNERSHIP: 

none of the profits are showing in the financials.”

SQUAMISH NATION RESPONSE:

The revenues received from the Trailer Park have always been, and continue to be listed in the Audited Consolidated Financial Statements under “Lease Revenue.”   As the Partnership is no longer operating the Trailer Park under a lease, we will determine the most appropriate way to report this revenue in future Audited Consolidated Financial Statements.

The Squamish Nation Responds (Part 5): Capilano RV Park

This is the fifth in a series of seven posts. The intention is to provide a transparent, truthful and clear accounting of the facts.

These are Squamish Nation responses to some of the public statements made by members of the Partnership (Dennis L. Baker, Frank J. Baker, Darlene Garrick, Pamela Baker, Wayne C. Baker and Wade S. Baker and we understand, Lucy Emily Baker) that operated the Capilano Mobile and RV Park.

Issue #5

MEMBER OF PARTNERSHIP:

“Your Council, on your behalf, notes that we owe them half a million dollars? “They have made over 3 million from the Park in the last 3 years?”

SQUAMISH NATION RESPONSE:

The issue is that the Partnership owes over a half a million dollars in unpaid rent, with further damages and court costs remaining to be assessed. They have refused to make any voluntary payments to the Nation.  In keeping with our fiduciary obligations to the membership, Chiefs and Council continue to pursue repayment of the unpaid rent by the Partnership.  This is money that is owed to the Nation as a whole and ought to be available for the benefit of the Nation as a whole.

The Squamish Nation Responds (Part 4): Capilano RV Park

This is the fourth in a series of seven posts. The intention is to provide a transparent, truthful and clear accounting of the facts.

These are Squamish Nation responses to some of the public statements made by members of the Partnership (Dennis L. Baker, Frank J. Baker, Darlene Garrick, Pamela Baker, Wayne C. Baker and Wade S. Baker and we understand, Lucy Emily Baker) that operated the Capilano Mobile and RV Park.

Issue # 4

MEMBER OF PARTNERSHIP:

“There have been 5 court appearances, only one was our request”

SQUAMISH NATION RESPONSE:

Following is a breakdown of court actions related to this matter and the party initiating the action:

  • Squamish Nation Claim:                Chiefs and Council were forced to bring a claim to protect the rights of the membership, after the partnership that ran the trailer park refused to pay any rent to the Nation for over six months. In March 2011, the British Columbia Supreme Court awarded the Squamish Nation $497,403.29 in damages relating to the unpaid rent for the Squamish Nation lands where the Capilano Mobile and RV Park was operated, with further damages in an amount to be determined.

    This should have been a simple claim, requiring only one court hearing to resolve, however the Partnership’s behaviour prior to and throughout the litigation required nine extra hearings to resolve matters. This behaviour included: evading service of court documents, refusing to conduct themselves in a business-like manner in running the trailer park, refusing to vacate the trailer park when ordered by the court to do so, creating and filing numerous bogus quasi-legal documents and refusing to pay any of the damages awarded by the court to the Nation.

  • Partnership Appeal:                        The partnership appealed the March 2011 court decision and attempted to put new evidence before the court, which is not normally permissible on an appeal.  However, the Court found that even if the new evidence was admissible, it still did not justify the Partnership’s actions and agreed that the Partnership had no right to continue using the Nation’s land.  Thus, in the spring of 2012, the British Columbia Court of Appeal confirmed the Nation’s right to possession of the trailer park, and upheld the nearly $500,000 that had been awarded to the Nation.
  • Partnership Action #1:                    Around the time it filed its appeal, the partnership also filed a separate claim against the Nation, seeking the return of its property, to restrain the Nation from running the trailer park, and seeking damages based on the fact that they say the Nation improperly took control of their business. The Nation was once again forced to defend the rights of all Squamish Nation members against a claim brought forward by the Partnership.

    In order to stop the Partnership from forcing the Nation to incur additional expenses, the Nation applied to the BC Supreme Court to strike out the Partnership’s court claim. The Partnership’s court action against the Squamish Nation was struck out by the judge on March 13, 2013 on the basis that the Partnership’s claim was an abuse of process.

  • Partnership Action #2:                    The Partnership has filed another claim against the Nation on May 28, 2013. We have filed a defence to this claim on July 3, 2013.

The Squamish Nation Responds (Part 3): Capilano RV Park

This is the third in a series of seven posts. The intention is to provide a transparent, truthful and clear accounting of the facts.

These are Squamish Nation responses to some of the public statements made by members of the Partnership (Dennis L. Baker, Frank J. Baker, Darlene Garrick, Pamela Baker, Wayne C. Baker and Wade S. Baker and we understand, Lucy Emily Baker) that operated the Capilano Mobile and RV Park.

Issue #3

MEMBER OF PARTNERSHIP:

“COUNCIL IS really upset with us?

SQUAMISH NATION RESPONSE:

The Squamish Nation Chiefs and Council have secured many court decisions in favour of our position. We have continually stated that we are hoping that this puts an end to this matter, and that the Partnership will abide by the fair and just decisions of the courts.  We call upon them to cease their efforts in opposition to the critically important principle that all Squamish Nation members benefit from revenues derived from lands held collectively by Squamish Nation membership.

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