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Willy’s Wharf appeal stalls
An appeal of a decision involving a marina in Canoe has been dismissed because of missing money.
In the BC Court of Appeal in Vancouver on June 18, Justice Nicole Garson had ruled that Willy’s Wharf Inc. and Clare’s Cove Marina Ltd. must post a total of $32,000 – $12,000 as security for the costs of the appeal as well as $20,000 for security for the judgment in the original trial.
On Sept. 13 in the BC Court of Appeal in Vancouver, Justice John Hall dismissed the action because the required securities had not been posted.
Writes Hall in his reasons for judgment: “The time for posting the ordered security expired over one month ago and no security has been posted. I gathered from what Mr. MacIsaac stated at the hearing that it was most unlikely security could or would be posted. Given this situation, it appears clear to me that it should be ordered that this appeal ought to stand dismissed as abandoned by reason of the failure to post the required security. That disposes of the appeal…”
The appeal followed a decision on April 2 in BC Supreme Court in Kamloops, when Justice Geoff Barrow ruled against Clare’s Cove Marina Ltd., Willy’s Wharf Inc., Jiro Adventures Ltd. and William MacIsaac, who were claiming more than $2 million in damages from the City of Salmon Arm and Brooke Jackson Downs law firm. The lawsuit arose from a failed attempt by MacIsaac and the companies he controls to purchase and redevelop the marina.
Involved was city-owned land on 75th Avenue NE, which runs along the lake side of Canoe Beach Drive and the railway tracks, as well as an aquatic lease. MacIsaac had envisioned expanding the 72 boat-slip limit at the site to 200. MacIsaac’s claims against the city included breach of contract and negligent misrepresentation. He told the Observer previously that restrictions the city placed on a new lease were not business friendly.