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.