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Bob Mackin 

The same day the Vancouver Canucks eliminated the Nashville Predators, the club’s owners moved one step closer to taking control of a delayed ski resort project near Squamish.

Roberto (left), Luigi, Francesco and Paolo Aquilini and Michael Doyle at the November 2018 opening of Elisa Steakhouse (Elisa/Facebook)

On May 3, B.C. Supreme Court Justice Paul Walker approved receiver Ernst and Young’s application to accept the offer for Garibaldi at Squamish Inc. (GAS Inc.) from secured creditors Aquilini Development LP, Garibaldi Resort Management Co. Ltd. and 1413994 B.C. Ltd.

GAS Inc. defaulted on $65 million owing to the three Aquilini companies, prompting the September 2023 receivership petition. 

Walker deemed the sale to the only bidder appropriate, fair and commercially reasonable because EY made sufficient efforts to obtain the best price and met other requirements set by the courts. He allowed the sale by reverse vesting order (RVO) which, according to Canadian Lawyer magazine, is the purchase of shares in a debtor company, so that the “bad assets – including liabilities and creditor claims – are removed, and the good assets stay in the company.”

“EY has demonstrated an evidence-based rationale to approve the RVO. Exceptional circumstances exist to warrant approval of the RVO,” Walker wrote. “They arise from the urgency to complete the construction pre-conditions (in order to preserve value to the Garibaldi entities and their stakeholders, including the Province) coupled with the lack of any meaningful response from the Province that would allow for an expeditious [traditional asset vesting order] transaction.”

The Squamish Nation has a 10% interest in the partnership, but did not oppose the transaction. The only opponent was the Province of B.C., which questioned whether the court had jurisdiction to approve the RVO, whether it was appropriate or even necessary. 

“Although the province supports completion of the project in view of the economic benefits to the province (and others) and the fact that consultation with the Squamish Nation has already occurred, the province argues, as one of its grounds opposing the Transaction, that there is no jurisdiction under the BIA, either generally or in the context of this case, to approve a transaction incorporating an RVO.”

Artist’s conception of the delayed ski resort on Brohm Ridge near Squamish (Garibaldi at Squamish)

Walker said the insolvent Garibaldi entities owe more than $80 million and face deadlines to satisfy pre-construction conditions contained in the provincially issued environmental assessment certificate. Walker’s decision said the amount of the credit bid had been reduced by $20 million from the stalking horse bid offer.

“That amount, owed by the Garibaldi entities (as interest) under their security to the petitioners, will be a retained liability. Also retained will be any potential liabilities arising under the Environmental Management Act,” Walker wrote. “All other liabilities will be vested into [a newly created company].” 

The project, on Squamish Nation territory, faces 40 pre-construction conditions, eight of which are deemed urgent. Work to satisfy the conditions would cost more than $5.5 million over the next 12 months. Conditions include old-growth management, archaeology plan, Brohm River management plan and a dam for a snowmaking reservoir. 

When it was originally approved in 2016, the project was estimated to cost $3.5 billion with a 30-year, four-phase build resulting in 126 ski and snowboard runs, fed by 21 lifts and accommodation in 5,233 hotel, condo, townhouse and detached units. Garibaldi at Squamish faces a 2026 deadline to begin construction. 

Disagreements between factions connected to the Aquilini and Gaglardi families have held the project back. 

The two unsecured creditors are Northland Properties Ltd. and Garibaldi Resorts (2002) Ltd., owed $6.37 million and $13.8 million, respectively. 

Northland Properties owns Revelstoke Mountain Resort, Grouse Mountain and the Dallas Stars. Founder and chairman Bob Gaglardi is also president of Garibaldi Resorts (2002) Ltd., the company whose secretary is Aquilini Investment Group founder Luigi Aquilini.

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Bob Mackin  The same day the Vancouver Canucks

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Bob Mackin 

British Columbia’s Legislative Assembly is finally getting a whistleblower policy. 

But it won’t be called a whistleblower policy.

Parliament Buildings, VIctoria, on Aug. 13, 2020 (Mackin)

On May 7, the all-party Legislative Assembly Management Committee approved the “reporting wrongdoing” policy in principle, five years after the corruption scandal involving ex-Clerk Craig James and ex-Sergeant-at-Arms Gary Lenz. 

The Legislative Assembly is not subject to the NDP government’s 2018-passed Public Interest Disclosure Act, but the new policy is intended to “encourage and support” current and former members and employees to report unlawful acts and acts of wrongdoing “in a manner consistent with the arm’s-length provisions of the Public Interest Disclosure Act.”

In 2019, then-Speaker Darryl Plecas recommended a whistleblower policy and LAMC committed to establish an arm’s length policy. Plecas’s final report, after the 2020 election, said he reported cases to LAMC, including one described as a “#MeToo-style allegation involving the Legislative Assembly.”

“As far as I am aware, neither the allegations, nor my memorandum, have been investigated or acted upon to date,” Plecas wrote.

The policy requires certain officeholders in the Legislature’s administration to report wrongdoing in good faith and includes protection for reporting and a prohibition on retaliation against an employee who reports known or suspected wrongdoing in good faith. 

“The policy is intentionally named ‘reporting wrongdoing’ rather than ‘whistleblowing,’ as research on best practices indicated that the words ‘whistleblowing’ and ‘whistleblower’ carry a certain connotation that may not necessarily be conducive to the best outcomes with such a policy,” said the report to LAMC.

“It is proposed that the policy be administered by an arm’s-length and independent disclosure entity to be appointed by the Legislative Assembly Management Committee.”

James and Lenz both resigned in disgrace in 2019. In July 2022, a B.C. Supreme Court judge sentenced James to a month of house arrest and two months of curfew for breach of public trust. James was ordered to repay the public treasury $1,886.72 for a custom suit and shirt. 

Also at the May 7 meeting, LAMC approved new policies on information security, IT resources for members and caucus employees, and constituency office leasing. 

The latter opens the door to the possibility of an MLA co-locating with a Member of Parliament or a local government politician. It also includes requirements to ensure health, safety, security and accessibility for those that work in and access a constituency office. Lease arrangements will shift from the MLA to the Legislature’s administration. 

Clerk Kate Ryan-Lloyd (Association of Former MLAs of B.C./John Yanyshyn)

Meanwhile, Clerk Kate Ryan-Lloyd told the meeting that a new website is coming in June and 21 constituency offices had new security systems installed in the last fiscal year. The chamber will be renovated in July and August, ahead of the October election, to add six new desks. The next parliament will feature 93 members. 

Not discussed at the meeting was a new policy to automatically delete Microsoft Teams chat messages after 120 days. The new policy, which applies to anyone with a leg.bc.ca account, will come into effect on Oct. 1 and it is intended for security and cost-saving. 

“We encourage all users to review their Microsoft Teams chats and archive any critical messages or attachments that need to be retained,” said IT director Brent Lee’s memo, which said deleted messages will be unretrievable.  

A copy of the memo, provided to theBreaker.news, shows that it was sent to Legislature offices just before the noon hour meeting. 

Ryan-Lloyd said the policy aligns with other public sector organizations, including the central government, which instituted a 30-day retention period for MS Teams messages in 2021. 

“The Legislative Assembly opted to proceed with a 120-day retention period at this time to help with the organizational change considerations, and may look at revising the time period in the future,” Ryan-Lloyd said.

The NDP government broke Deputy Premier Mike Farnworth’s 2019 promise to add the Legislature to the freedom of information law. In 2020, after that year’s snap election, the Legislature suffered a cyberattack. The details have never been made public. 

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Bob Mackin  British Columbia’s Legislative Assembly is finally

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Bob Mackin

Fraser Health Authority invoiced a contractor less than $13,000 for arranging the production of a CBC TV police drama at Peace Arch Hospital last December.

Hospital scene from CBC’s Allegiance (CBC)

The invoice, released under the freedom of information law, showed a $5,000 charge for one day of interior shooting and $3,000 each for exterior shooting, preparation and wrap days. A 15% fee for contractor Location Fixer ($2,100) was subtracted. With GST, the total cost was $12,495. 

“That is not a lot,” said Elenore Sturko, the South Surrey BC United MLA who shot an Instagram video critical of the NDP government outside the hospital during the three-day production last December. 

Sturko pointed to shortages of doctors and nurses, lengthy emergency department wait times at Surrey Memorial and Peace Arch hospitals and patients being treated in hallways.

Last week, Fraser Health released the contract with Scott Road Productions (S1) Inc., the company behind CBC’s Allegiance. The original FOI application was filed before Christmas, but Fraser Health delayed disclosure until May 3.

In a prepared statement,  the Ministry of Health said: “No report was commissioned to review the use of the Peace Arch Hospital for filming. That is because Fraser Health Authority’s decision to allow filming was made with careful consideration for patient care, operational needs and the overall benefit to health care services.”

Fraser Health granted Scott Road Productions “temporary licence to use and occupy one or more” locations for the filming of Allegiance. Specifically, the fifth floor, formerly the Acute Care for the Elderly Unit, the hospital exterior and parking and loading areas, for a maximum 12 hours on Dec. 14, 15 hours on Dec. 15 and 12 hours on Dec. 18. 

Fraser Health allowed the producer to photograph, record and depict any location, except not to capture, use or reproduce actual names, logos, trademarks, official marks, signs or other identifying features of the hospital or health authority. Scott Road Productions was required to avoid capturing any personal information or identifying features of anyone from the health authority, its clients and patients. Fraser Health had the right under the contract to review, upon request, a rough cut to ensure the producer was compliant with the terms and conditions. 

From left: Allegiance star Supinder Wraich, CBC president Catherine Tait and NDP minister Lana Popham (Tait/LinkedIn)

The producer agreed to keep locations safe, clean and in sanitary condition, abide by any of the health authority’s rules and restore and leave each location as it was at the time the producer first entered.

Fraser Health warned the producer that the hospital “is not seismically upgraded to current building codes and the producer covenants and agrees to accept all risks associated with seismic events in its use of the location.”

It also banned certain types of scenes from being produced on-site. 

“[The producer will] not film scenes involving sex or nudity on any health authority site or facility, nor any scenes that negatively depict mental health issues or religion,” the contract said. 

Fraser Health said in December that no beds were closed and the hospital remained open while film crews used an area earmarked for renovations. 

“I understand that some of these spaces were waiting for upgrades,” Sturko said. “But we need to ensure that those upgrades that are expedited so that we’re not waiting, and that we can be using all hospitals, spaces and facilities for their intended use, which is for healthcare.”

In December, Gibsons-based Location Fixer’s website listed Peace Arch, Chilliwack, Ridge Meadows, Delta and Vancouver General’s Heather Pavilion on its website. However, the website’s health and education location page now includes only the VGH Simulation Centre training facility available after hours and on weekends. 

It was not the first controversy involving a film production at a busy hospital.

BC United’s Elenore Sturko outside Peace Arch Hospital (Sturko/IG)

When the NDP was in opposition, it complained about the early 2017 rental of Eagle Ridge Hospital in Port Moody for 10 days to TCF Vancouver Productions Ltd. The company was shooting “The Mountain Between Us,” starring Idris Elba and Kate Winslet. 

Documents released under FOI showed that TCF incurred a $27,333.71 charge, but received an $8,488.58 discount. Shared Services B.C., an arm of the Ministry of Technology and Citizens Services, picked up the miscellaneous fees and film liaison fees.

Allegiance, created by Anar Ali, premiered Feb. 7 and stars Supinder Wraich as Sabrina Sohal, a rookie officer with the fictitious Canadian Federal Police Corps “who must grapple with the limits of the justice system as she fights to exonerate her politician father Ajeet Sohal (played by Stephen Lobo).”

“Allegiance is the story of a young woman caught between her allegiance to her flag, to her badge, and to her family,” says the CBC publicity material. 

The March 20-aired seventh episode, The Legacy, features interior hospital scenes. But the exterior shows Surrey Memorial Hospital. 

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Bob Mackin Fraser Health Authority invoiced a contractor

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For the week of May 5, 2024:

The B.C. NDP government finally revealed that taxpayers could be paying $581 million to host seven FIFA World Cup 26 matches at B.C. Place Stadium. 

The cost has more than doubled due to inflation and FIFA’s requirements to renovate B.C. Place Stadium. 

Tourism and Sport Minister Lana Popham estimated a $1 billion tourism revenue windfall over the five years following the tournament. But one of the world’s top sports economists says that’s wishful thinking. 

Victor Matheson, a professor at the College of the Holy Cross in Worcester, Mass., is Bob Mackin’s guest on this edition of thePodcast. 

Matheson has researched World Cups, Olympics and Super Bowls and found they never live up to the hype from politicians and the boosters reliant on taxpayer subsidies. 

“The biggest single thing that a tourist is going to spend money on in Vancouver in the World Cup is World Cup tickets,” Matheson said. “Of course none of that is going to be re-spent in Vancouver, because all that money goes into the pockets of FIFA who takes it back to Switzerland and divvies it up back there.”

Listen to the full interview on this edition.

Plus, this week’s Pacific Rim and Pacific Northwest headlines. 

CLICK BELOW to listen or go to TuneIn, Apple Podcasts, Spotify or Google Podcasts.

Have you missed an edition of theBreaker.news Podcast? Go to the archive.

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Bob Mackin 

While TransLink officials were reacting to the lack of funding in the Liberal government’s new budget, SkyTrain staff were waiting for a coroner to arrive after discovering a body on tracks. 

A timeline from April 17 by TransLink’s B.C. Rapid Transit Company rail division, obtained under the freedom of information law, said a vehicle technician noticed blood on the side of six-car train number 106 before 10 a.m. near Scott Road station in Surrey. The technician confirmed the parts that collect electricity from the power rail, known as the collector assemblies, were broken.

Metrotown Station (Fast and App)

An attendant was asked to ride a train from the front seat from New Westminster’s Columbia station to Scott Road to determine the cause of the damage. But, at 10:12 a.m., a control centre employee who reviewed surveillance camera footage reported finding evidence of human contact with a train at Metrotown Station on the outbound side, where Surrey-bound trains travel.  

An attendant was permitted to enter the track to investigate. At 10:17 a.m., field staff confirmed a body was found near a track switch, known internally as DC23, which is east of Metrotown station on the outbound side.

TransLink’s biohazard cleaning contractor was notified, staff closed Metrotown Station at 10:23 a.m. and temporarily stopped service between Patterson and Royal Oak stations. Shuttle buses were activated. 

Transit Police arrived at 10:41 a.m. Fire crews attended almost an hour later, but they stayed only six minutes. 

The coroner was on-scene at 12:10 p.m. and entered the guideway toward switch DC23 with Transit Police. They exited the guideway at 1:06 p.m. with the body. The cleaning contractor finished its work and exited the guideway by 2:12 p.m. 

Sixteen minutes later, at 2:28 p.m., Expo Line service was allowed to return to normal. 

The timeline also showed that a three-minute segment of video, recorded just before 6 a.m. on April 17, was protected for evidence. That suggests the victim was in the area almost four hours before the body was discovered. 

“Only the coroner can determine the official cause of death,” said Transit Police public information officer Const. Amanda Steed. “Our investigation is not yet concluded.”

Two days after the incident, TransLink spokesperson Tina Lovegreen said that “the position of switches and the need to isolate the area meant that closing Joyce-Collingwood to Edmonds was the shortest span that could be closed.” Lovegreen did not mention the collision or the body. 

Meanwhile, in an 11:30 a.m. news conference at Lonsdale Quay in North Vancouver on April 17, NDP Minister of Transportation and Infrastructure Rob Fleming and TransLink CEO Kevin Quinn announced a $300 million provincial infusion to buy more buses and add SeaBus sailings. They also reacted to being snubbed by the Trudeau Liberal government a day earlier. 

Unlike newer systems, no SkyTrain station has a safety barrier or sliding doors between the platform and track area. 

After a 2014 consultant’s report, TransLink improved platform surveillance cameras on the Expo and Millennium lines in 2021 as part of a $79 million program. It is now studying the feasibility of adding platform safety barriers, but that report is not due until 2025. 

A coroner’s report on the 2001 death of a male at Royal Oak station quoted a 1994 study that estimated the cost of installing platform barriers at $1.7 million to $2.2 million per station, now worth $3.15 million to $4.07 million after inflation. Coroner Liana Wright suggested a low-cost solution: limiting access to platforms until trains come to a full stop.

On Nov. 13 last year, a 41-year-old male was fatally struck by a SkyTrain at Surrey Central station. Transit Police said it was an accident.

That was the 109th death on SkyTrain tracks, 84% of which by suicide and 15% by accident. The remaining 1% were classified as undetermined. 

Just over a week later, on Nov. 21, emergency crews at Main Street-Science World station rescued a female who had fallen under a train after a quarrel near the station’s west side entrance. 

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Bob Mackin  While TransLink officials were reacting to

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The Vancouver Park Board commissioner photographed using a messaging app during the Dec. 11 public meeting admitted privately that the messages were deleted. 

Comm. Marie-Claire Howard was communicating under the heading “Transition Team” at the first open meeting since her party’s leader, Mayor Ken Sim, announced Dec. 6 that he would ask the NDP provincial government to dissolve the elected park board.

Sarah Blyth-Gerszak’s photographs from the Dec. 11, 2023 Park Board meeting (SarahBlyth/X)

While the meeting was in progress, ex-commissioner Sarah Blyth-Gerszak posted photographs on X, formerly Twitter. One of them showed a discussion that mentioned development consultant and ABC party donor Gary Pooni. It said Pooni had heard “overwhelmingly great feedback,” but did not mention the subject of the feedback. 

City hall’s Feb. 13 response to a freedom of information request for copies of the messages said no records exist anymore and, if they did, they would not be released because they did not relate to city business. 

A subsequent request for internal communication about how the request was handled yielded email between bureaucrats and elected officials, including Howard.

“The text you believe was captured in the photograph was not related to city business. It was a private matter and not subject to access by the city or through FOI,” she wrote Jan. 30 to city manager Paul Mochrie, park board general manager Steve Jackson and FOI office manager Cobi Falconer. 

“In any event, the text was destroyed automatically based on the platform’s routine self-destruct mechanism.”

Howard, a former journalist, did not elaborate about the topic of the messages. She has not responded for comment. 

Blyth-Gerszak posted another photograph from that night on March 16. It showed the names of Comm. Angela Haer and Christy Thompson on Howard’s screen, reacting to Blyth-Gerszak’s original post. 

Marie-Claire Howard (left), Christy Thompson and Angela Haer. (Park Board/ABC)

“That’s Marie Claire Howard’s hand,” Haer wrote. 

Replied Thompson: “Oh! I thought it was mine.”

Thompson is the executive director of Howard and Haer’s party, ABC Vancouver. She also did not respond for comment.

On Feb. 7, board support and meeting assistant Jessica Kulchyski wrote Haer, to confirm “with all recipients of the message that it does not relate to business of the city and that any record of the message has not been retained.”

Haer responded the next day: “The chats don’t relate to city or park board professional business. And chats do delete immediately and nothing is retained.”

In an interview, a reporter asked Haer what the topic of the discussion was, if it was not about public business. 

“I don’t remember, it was a long time ago, but those are private phones,” said Haer, who is seeking the Conservative nomination in the federal Vancouver-Granville riding against Marie Rogers, who stepped down as chair of ABC.

In a 2013 directive, the Information and Privacy Commissioner said use of a personal account does not absolve a public official from the duty to disclose records under the Freedom of Information and Protection of Privacy Act. As a general rule, Elizabeth Denham wrote, any email that a public employee sends or receives as part of employment duties will be a record under the public body’s control, even if a personal account is used.

“The Supreme Court of Canada has said that where a record is not in the physical possession of a government institution, it will still be under its control if these two questions are answered in the affirmative,” Denham wrote. “Do the contents of the document relate to a departmental matter? Could the government institution reasonably expect to obtain a copy of the document upon request?”

Section 65.3 of B.C.’s FOI law also states that “a person who wilfully conceals, destroys or alters any record to avoid complying with a request for access to the record commits an offence.”

The maximum fine, upon conviction, is $50,000.

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Bob Mackin The Vancouver Park Board commissioner photographed

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Bob Mackin 

The cost to host seven matches at B.C. Place Stadium during the FIFA World Cup 26 could reach almost $600 million. 

In an April 30 update, NDP Tourism, Sport, Arts and Culture Minister Lana Popham revealed the budget had skyrocketed to between $483 million and $581 million. That represents an increase of 110% to 152% from the early 2023 estimate of $230 million. 

It works out to between $69 million and $83 million per match day.

FIFA’s 2026 World Cup logo (FIFA)

When Vancouver was chosen to be one of the 16 host cities in June 2022, the provincial government estimated taxpayers would be on the hook for $240 million to $260 million to host five matches. 

Inflation and FIFA requirements drove the costs higher. In March 2023, FIFA expanded the 48-nation tournament in U.S., Canada and Mexico from 80 to 104 matches. When the schedule was released in February, Vancouver was allotted seven matches between June 13 and July 7, 2026. Two of them will feature the Canadian national team. 

Almost a third of the budget is for renovations at B.C. Place Stadium before the tournament and operational costs during the tournament, ranging from $149 million to $196 million. 

That includes the installation of a natural grass pitch, upgrades to team dressing rooms and public washrooms, new, larger elevators, a new in-house broadcast facility, improved wifi and a new central video score board. 

Another $88 million to $109 million is for essential services such as provincial safety and security, transportation, emergency management, and health services. The federal government is contributing $116 million for an “initial contribution.” Tournament security costs have not been announced. 

Toronto, where its budget is $380 million for hosting six matches, is also seeking federal support. Liberal Sport Minister Carla Qualtrough attended the event. Nobody from FIFA or the Canadian Soccer Association was featured. 

“We really left room in contingencies,” Popham told reporters.  “We’ve accounted for inflation and so the budget we put forward today, we believe is the one that is accurate. And I think taxpayers expect us to work within that budget.”

City of Vancouver is expected to spend at least $246 million on integrated public safety and security, provision of team training sites, FIFA Fan Festival  decoration and brand protection, traffic and stadium zone management. 

The new PNE Amphitheatre, to open in 2026, is expected to be the centrepiece of the FIFA Fan Festival. The sites at Killarney, Strathcona, Empire and Jericho parks are to be confirmed.

The province estimates a net core cost of $100 million to $145 million. 

Vancouver’s temporary 2.5%, seven-year accommodation tax came into effect in February 2023. It is expected to raise $230 million. 

Minister Lana Popham (second from right) with BC Place management. (BC Place/X)

Vancouver city hall is expected to bring in between $16 million and $46 million in venue rental fees, host city commercial programs and a $5 million contribution. 

Another source is “other revenues” of $21 million to $44 million, for transportation and stadium rental fees and recoveries.

The province commissioned studies by Ernst and Young and Deloitte, but has not released those, the business plan or its contracts with FIFA. It released a 24-page Powerpoint presentation to reporters on April 30 with basic details.  

The province assumes more than 350,000 visitors to B.C. Place during the tournament and more than $1 billion in visitor spending between 2026 and 2031. 

“I’m gonna put my chartered accountant hat on here for a second,” said Vancouver Mayor Ken Sim. “There are different ways of counting for cost. There’s government accounting, there’s regular accounting. But let’s make this really simple over the long term. You know, sure, there’s going to be more costs and revenue. But if you stretch it over the long term, the benefits are massive, and they will more than pay for that deficit. This is a no brainer.”

However, a study on local, regional and national economic impacts of mega events by Victor Matheson, an economics professor at the College of the Holy Cross in Massachusetts, found that many large sporting events “simply supplant, rather than supplement the regular tourist economy.”

“In other words, the economic impact of a mega-event may be large in a gross sense but the net impact may be small,” Matheson concluded.

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Bob Mackin  The cost to host seven matches

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Bob Mackin

A B.C. Supreme Court judge approved the $3 million sale of Nexii Building Supplies Inc. (NBSI) subsidiaries and gave the troubled company more time to sell more assets.

Nexii Building Products’ Squamish plant (Nexii/X)

Justice Michael Stephens issued an order on April 26 to sell five related companies, Omicron Canada Inc., Omicron Construction Management Ltd., Omicron Consulting Ltd., Omicron Interiors Ltd., and Omicron Construction Ltd., to six numbered companies.

He set a June 28 deadline to close the deal and for NBSI to negotiate and finalize a transaction for the rest of its assets. NBSI claimed in 2021 that it was worth $1 billion. 

In January, Stephens extended the stay of proceedings against NBSI under the Companies’ Creditors Arrangement Act until April 30, so that it could find a buyer.

In a report to the court, KSV said that, despite extensive marketing efforts, it did not receive a qualified bid in a form suitable for court approval. 

“Following a period of negotiations, the Petitioners, in consultation with the Monitor and Interim Lenders, determined that the Purchasers’ bid was the Successful Bid under the Sale Process for the Property of the Vendors.”

KSV’s second report to the court said senior secured lenders, “the parties with the sole economic interest left in the Vendors and who are likely to suffer a material shortfall on their secured claims, have been consulted during the negotiations and are supportive of the Transaction.”

Secured lenders include Powerscourt Investments XXV LP, Trinity Capital Inc. and Horizon Technology Finance Corporation.

The companies seeking to buy Omicron are directed by a group that includes William Tucker, the CEO of both NBSI and Omicron, and senior-vice president George Sawatzky. 

Stephens appointed KSV as monitor on Jan. 11 for NBSI, which owes creditors more than $112 million. NBSI’s Jan. 10 petition to the court said it owes the three senior secured lenders USD$79 million and another $6 million to equipment lessors, trade creditors and landlords. Assets include equipment, accounts receivable, contracts and intellectual property worth a total book value of $69 million.

NBSI markets the proprietary Nexiite panelling system, a low-carbon concrete alternative produced at its factory in Squamish for customers like Wal-Mart Stores Inc., JPMorgan Chase & Co., Starbucks Coffee Company and AECOM. In September 2021, NBSI declared itself the fastest to reach “unicorn” status in Canada, meaning $1 billion valuation.

As of Dec. 20, NBSI employed 142 people and its Omicron subsidiaries 160. 

The court filing included a list of Omicron’s 87 design contracts and purchase orders, including clients ranging from Telus, Home Depot Canada Inc., Coca-Cola Bottling Ltd. and Lululemon Athletica to Port of Vancouver, ICBC, City of Vancouver and Liquor Distribution Branch. 

Tucker’s affidavit from January said that NBSI historically had funded growth through equity and some debt financing. 

“Currently, NBSI is not able to raise additional capital through equity and the senior secured lenders are not prepared to advance additional funds without a clear path to the sale of NBSI’s business,” Tucker swore. 

NBSI acquired Omicron in 2021 and owes Omicron $4 million. NBSI, according to Tucker, raised $125 million since 2019 and expected $14 million total revenue for 2023. It had four projects nearing completion and expected to bring $8.3 million revenue. Omicron, meanwhile, had 67 contracts in progress worth $150 million before costs and another $110 million worth of contracts. 

Last August, according to Tucker, Investcorp Green Limited invested $5 million in NBSI and, by November, the company had an $18-million term sheet for an investment from unnamed “strategic investors in the Middle East.”

“Unfortunately, shortly before closing, one of the investors terminated its involvement and the investment did not proceed,” said Tucker’s filing. “Losing access to these funds significantly limited the petitioners’ options.”

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Bob Mackin A B.C. Supreme Court judge approved

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Bob Mackin 

The battle over the Surrey policing transition took a detour April 29 from the court of public opinion into the court of law. 

The Law Courts in downtown Vancouver, to be precise.

Coun. Brenda Locke (Surrey Connect)

City of Surrey’s challenge of the NDP government’s imposition of the Surrey Police Service went in front of B.C. Supreme Court Justice Kevin Loo. 

Surrey claims the province ignored the results of the 2022 election, in which a majority of voters elected pro-RCMP candidates. It alleged that the transition to a municipal force will cost taxpayers an extra $75 million annually. The province had offered $30 million per year over five years to make the switch. 

Surrey is contesting the constitutionality of the province’s action and argues that the Police Act gives the municipal government the choice of how it wants to be policed. The province, however, says municipalities are a creature of government and can be overruled. 

Two weeks ago, Surrey balked at a $250 million out-of-court settlement offer from the province. Solicitor General Mike Farnworth responded by setting Nov. 29 as the date that the Surrey Police will take over command from the RCMP. 

Loo heard a sworn statement from a widow of a Surrey murder victim read aloud in court. 

Darlene Bennett’s affidavit recounted the June 23, 2018 fatal shooting of her husband Paul Bennett outside their Cloverdale house in a case of mistaken identity. 

“It was devastating,” Bennett’s statement said. 

In February 2021, she was asked to join a citizens’ initiative campaign to keep the RCMP and agreed to be the proponent. 

“The filing fee for submitting the referendum was the best $50 I’ve ever spent,” Bennett said. 

B.C. Solicitor General Mike Farnworth (Mackin)

The Surrey Police Vote petition gained the unverified signatures of almost 43,000 people who wanted a referendum on the policing question. But Elections BC ruled in November 2021 that it fell short of the legal requirement to obtain support from 10% of registered voters in all 87 ridings. 

Regardless, Bennett said she wrote to Premier John Horgan, asking for Surrey citizens to be given a voice. 

“I got no response to that letter,” Bennett said. “At that point, it became crystal clear to me that the province wasn’t willing to listen.”

Along came Brenda Locke, a councillor who split from the 2018-elected Safe Surrey Coalition to form Surrey Connect and run for mayor on the promise to keep the RCMP. 

“Ahead of the 2022 municipal election, I was aware that Surrey Connect was running on a promise of keeping the RCMP in Surrey, I saw this as the central issue in the election. I cast my vote on that basis,” Bennett swore.

“This was the only way we could make our thoughts known to the provincial government, who hadn’t listened to the citizens initiative. For me, this was the referendum.”

Locke won the mayoralty over incumbent Doug McCallum and her Surrey Connect gained majority control of council. 

“I thought the province would respect the decision that Surrey voters made, and when Surrey Connect won, I just felt thankful,” Bennett said. “I was thankful that voters were finally being heard. I thought we’ve gotten the path forward because the doors have otherwise been shut in our face.”

The NDP government, however, eventually imposed the Surrey Police Service and began the process to wind-down the RCMP detachment. 

“I was angry. Your vote is your voice, and I felt my vote did not count,” said Bennett’s affidavit. 

The judicial review hearing, expected to last five days, continues April 30. 

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Bob Mackin  The battle over the Surrey policing

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Bob Mackin 

A cruise ship’s first voyage of the season from Vancouver to Alaska was cancelled due to an apparent propeller malfunction.

Royal Caribbean’s Radiance of the Seas at Lynnterm in North Vancouver on April 27, 2024 (Mackin)

The Royal Caribbean Radiance of the Seas was originally scheduled to depart Vancouver’s Canada Place cruise ship terminal on April 26, but that was delayed until April 28. 

On April 27, however, the cruise line cancelled the trip as the vessel was docked at Lynnterm in North Vancouver. 

“Due to a technical issue, we have made the difficult decision to cancel the April 26 sailing. Guests will receive a full refund and 100% future cruise credit, and have been notified directly,” said a statement from Royal Caribbean. 

The Royal Caribbean Blog reported that the propulsion system was failing during the four-night cruise from Los Angeles to Vancouver. U.S. Customs and Border Protection restrictions meant passengers were forced to remain onboard. 

Last September, the same ship was temporarily taken out of service in Alaska due to problems with an azipod, or azimuth thruster pod propulsion system.

Between April 8 and 22, the Centers for Disease Control and Prevention reported a norovirus outbreak aboard the Radiance of the Seas. Sixty-seven of the 1,933 passengers and two of the 924 crewmembers were infected. 

The vessel was christened in 2001 in Germany and is registered in Bahamas. It holds up to 2,466 guests on its 13 decks. It contains a rock-climbing wall and nine-hole mini golf course, nine restaurants and 10 bars and lounges. 

Lynnterm, west of the Ironworkers Memorial Second Narrows Bridge, is not a cruise terminal. Instead, the four-berth, deep-sea facility specializes in handling and storage of forest products, steel and general cargo. 

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Bob Mackin  A cruise ship’s first voyage of

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