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Bob Mackin

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

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

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

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

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

Bob Mackin 

A retired Mexican general is one step closer to being extradited from Canada.

B.C.-arrested Eduardo Leon Trauwitz

An April 28 announcement on the Attorney General’s Office of Mexico website said the B.C. Supreme Court had granted the extradition of Eduardo Leon Trauwitz, so he could stand trial in Mexico. The announcement said Trauwitz has 30 days to appeal. The decision had not been published on the B.C. courts website. 

The Mexican government alleges that Trauwitz, while working as head of security for state oil company Pemex, facilitated theft of 1.87 billion litres of hydrocarbons from clandestine taps in pipelines.

In February, the court heard that Trauwitz worked between 2014 and 2018 as Pemex’s head of the Assistance Division of Strategic Safeguard (ADSS), which was supposed to identify and disable clandestine taps in pipelines. 

A lawyer for the Canadian government, on behalf of Mexico, said that physical security agents were ordered to contravene official Pemex security policy. Instead of reporting the clandestine taps, so that they could be disabled, and then informing the public prosecutor’s office, a new protocol required them to conceal the discoveries, for fear of being fired or reported to Trauwitz. 

Trauwitz’s defence lawyers provided new evidence that they hoped would cast doubt on the credibility of the Mexican government’s case. That included a 2023 notarized statement from a former Pemex worker who recanted some of his 2017 and 2019 statements to prosecutors. However, one of the court’s top judges found there was enough to order Trauwitz returned to Mexico. 

Associate Chief Justice Heather Holmes made the decision on April 25, but her reasons were not posted to the court website until April 29. 

“On the evidence in the extradition hearing, there is a prima facie [based on first impression] case that Mr. Trauwitz is the person sought for extradition, and that he engaged in conduct that, had it taken place in Canada, would have amounted to breach of trust by a public official, contrary to s. 122 [breach of trust] of the Criminal Code,” Holmes ruled.

Holmes decided Trauwitz met the Supreme Court of Canada’s test for an extradition order. Specifically, the case record provided by the Mexican government showed that Trauwitz was a public official who acted in a corrupt or dishonest purpose, contrary to the public good, and that he breached the standard of responsibility in a serious and marked departure from the expectations of his position. 

Holmes wrote that the procedure for dealing with clandestine taps changed around the time Trauwitz joined the company and became head of ADSS. Physical security agents were ordered and trained to disable the clandestine taps themselves, but not report the incidents beyond the ADSS department to Pemex services division or outside authorities. 

Mexico’s state oil company Pemex

The Mexican government’s case record said witnesses used various names for the new protocol, such as “plan casa mata,” “manejo tecnico,” and “the security protocol.”

“The [records of the case] include a large amount of circumstantial evidence from numerous physical security agents attributing the orders to Mr. Trauwitz,” Holmes wrote. “Almost all of these witnesses indicated that, when told by their managers to apply the new protocol, the managers said that the orders to do so came from Mr. Trauwitz.” 

Holmes found a reasonable inference that a “substantial effort was made to prevent the creation of written evidence of the new protocol.  The new protocol itself was not reduced to writing.”

Physical security agents received no certification or documentation about their training. They were told not to mention taps or disabling them in their daily written reports. 

“The evidence of these efforts to conceal the implementation of the new protocol reasonably supports an inference that the protocol was motivated by a purpose other than for the public good,” Holmes wrote.

Holmes, however, said that the evidence was “weak” that Trauwitz benefitted personally from the protocol.

“The ROCs contrast his annual salary from Pemex with his real estate purchases over the same period (which appear to have been substantially larger than his annual income alone would support). However, little else is said in the ROCs about Mr. Trauwitz’s financial situation to indicate whether the real estate purchases were financed, or whether he had independent or accumulated income or wealth.” 

Trauwitz’s lawyer Tom Arbogast told the court in December 2021 that his client had been the victim of a politically motivated prosecution by Mexican authorities.

Trauwitz’s original bail conditions included a $20,000 surety, requirement to live with his daughter, an 11 p.m. to 6 a.m. curfew, around the clock wearing of an electronic monitoring device and regular reporting to a probation officer.

In May 2023, a judge approved Trauwitz’s move from Surrey to the Burquitlam area of Coquitlam.

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Bob Mackin  A retired Mexican general is one

For the week of April 28, 2024:

Canadian athletes campaigned for change, to end abuse and corruption in sport. 

They wanted a judicial public inquiry. Last December, Liberal Sport Minister Carla Qualtrough said they would get the Future of Sport in Canada Commission instead, with a deadline in 18 months.

More than four months since then, only the announcement of the $10.6 million budget. Meanwhile, the Paris Olympics are only three months away. “It’s not great timing, it should’ve been two years ago to get everything out in the open and start reform,” said Rob Koehler, the director general of Global Athlete.

Meanwhile, a decade after the Sochi Olympics doping scandal, the World Anti-Doping Agency is under fire for allegations that it covered up cheating by the Chinese Olympic swim team in 2021. It only came to light because whistleblowers went to journalists. Koehler said it is time for the governments that fund WADA to demand transparency and accountability. 

Koehler is Bob Mackin’s guest on this edition of thePodcast. 

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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thePodcast: Global Athlete's Koehler on the long wait for Canada's sport abuse and corruption commission
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For the week of April 28, 2024: Canadian

Bob Mackin

Publicly, the Vancouver Board of Parks and Recreation blamed a “minor incident” for a one-day cancellation of the Stanley Park Railway’s Easter Train. 

But, internal messages obtained under the freedom of information law said what happened on March 29 was serious. Almost a month later, the board says it cost taxpayers $25,000.

Stanley Park Green locomotive (Hedgehog Technologies/Park Board/FOI)

“Looks like a major mishap (derailment) for the train happened as they were transporting it back to the barn after the day was over,” said a text message from John Brodie, acting director of business services, to general manager Steve Jackson at 5:52 p.m. on Good Friday. “Damaged tracks, damaged train, and [train operations lead] Rose [Yip] thinks we’ll likely need to cancel the remainder of the weekend. Kind of worst case scenario for the train.”

Ten minutes later, Brodie emailed the communications department to report “there was a derailment.”

At 9:59 p.m., the Park Board’s account on X, formerly Twitter, said the train would not operate March 30, “due to track damage sustained Friday evening.” It did not mention the word derailment. Refunds were offered, but the board hoped to resume service on Easter Sunday.  

At 6:38 a.m. the next morning, the board’s longer media statement cited a “minor incident on Friday evening causing damage to a section of track.” No employees were injured and visitors were not on-site. The statement also omitted the word derailment.

Jackson told Park Board officials at 8:39 p.m. that repairs were successfully completed in the morning and a decision was expected after the scheduled Technical Safety B.C. (TSBC) inspection at 7 a.m. on Easter Sunday. 

“Staff are planning to make a definitive communication on the reopening by 8:30 a.m. Sunday morning via direct contact through the ticketing provider and via our social media channels,” Jackson wrote.

Text message to the Park Board general manager on March 29 (Park Board/FOI)

TSBC gave the go-ahead to resurrect the special holiday service. However, the disabled-accessible carriage was removed from service because it was involved in the derailment. Jackson said it required further testing before it could be cleared for return to operation. 

“This work will be prioritized upon the end of the Easter event’s run,” Jackson wrote. “Staff have made contact with each of the families impacted and have made arrangements to make up for the disappointment caused through accommodations at a future event at the train.”

When contacted by a reporter, Jackson refused to comment on why the Park Board was not forthright about the derailment. Instead, marketing and communications specialist Megan Kaptein said “we considered the derailment a minor incident.” 

The price tag was not minor. Kaptein said the Park Board incurred $25,000 in costs. 

The Park Board’s aversion to telling the public it was a derailment echoed the May 30, 2022 SkyTrain incident near Scott Road station. Two cars from a four-car Mark II SkyTrain derailed, disrupting Surrey service for 24 hours. But TransLink downplayed the severity, calling the matter a “track issue” and then a “stalled train” before settling on the phrase “partially dislodged.”

“Given only one part of the train was dislodged from the track, it was more appropriate to refer to the incident as a partial dislodgment,” said TransLink spokesperson Tina Lovegreen. 

However, the internal investigation report in September 2022 referred to it as a derailment and the word appeared in the title: “Derailment Investigation at Switch DC 47.”

The Stanley Park Railway fell into disrepair during the pandemic. The Hallowe’en and Christmas events were cancelled in 2022 due to broken or worn out locomotives, carriages and tracks. It returned before last Christmas. Tickets sold out in 90 minutes. 

TSBC’s certificate of inspection from Nov. 27, 2023 said the Green locomotive (unit A7739) was repaired, reinspected and approved for public operations. Three other locomotives did not pass inspection. One of them had excessive oil leaking on the brake lining and another was suffering overheating and radiator issues. Five passenger cars were approved for public operations, but minor track ballast and gauge repairs remained. 

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Bob Mackin Publicly, the Vancouver Board of Parks

Bob Mackin 

“It’s nice to see federal political parties working together on something,” said Justice Gordon Weatherill April 22 in B.C. Supreme Court in Vancouver.

Justice Gordon Weatherill (LinkedIn)

Weatherill is presiding over a hearing scheduled to last seven days in which lawyers for the Liberal Party, Conservative Party and New Democratic Party are asking him to overturn a two-year-old ruling by an adjudicator with B.C.’s Office of the Information and Privacy Commissioner (OIPC). 

In a March 2022 ruling, former commissioner David Loukidelis decided that federal political parties are subject to the collection, use and disclosure requirements under B.C.’s Personal Information Protection Act (PIPA). The parties maintain they are under the exclusive jurisdiction of the federal Personal Information Protection and Electronic Documents Act and Canada Elections Act.

The case was prompted by three B.C. residents who complained to the OIPC after they asked four registered parties in August 2019 for information about what personal information they possessed.

First up was Liberal Party lawyer Cathy Beagan Flood of the Toronto office of Blakes.

Prime Minister Justin Trudeau on Sept. 25, 2020 (Flickr/PMO)

“The constitutional question raised by this judicial review is whether federal political parties’ communications with voters in the federal elections, for purposes of federal election campaigns, fall within federal or provincial jurisdiction,” Beagan Flood told the court. “We submit that the obvious answer to this question that it is federal, is the correct answer.” Parliament, she said, chose to give federal voters a right of access to their personal information held by Elections Canada, by the Chief Electoral Officer, but not a right of access to personal information held by political parties.

“Under provincial legislation, the complainants have a right to make these access requests. Under federal legislation, they would only have a right to make requests to Elections Canada,” Beagan Flood argued. “The Liberal Party, nevertheless, voluntarily gave the complainants access to their personal information. That personal information was primarily information that have been shared with the Liberal Party by Elections Canada, pursuant to the Canada Elections Act.”

Beagan Flood mentioned Bill C-65, which is in first reading before the House of Commons.

The amendments “will add further privacy provisions to the Canada Elections Act, however even if those amendments pass as currently drafted, it will remain the case that under federal law only Elections Canada will be subject to access to information requests and not the political parties.”

Lawyers for the Conservatives and NDP will also make their arguments before Weatherill. So will lawyers for the complainants, OIPC, B.C. Attorney General and federal Attorney General. 

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Bob Mackin  “It’s nice to see federal political

Bob Mackin 

The B.C. government has intervened in the receivership of the delayed Garibaldi at Squamish ski resort and says the B.C. Supreme Court has no jurisdiction to grant a reverse vesting order (RVO) to enable the sale.

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

In January, secured creditors Aquilini Development LP, Garibaldi Resort Management Co. Ltd. and 1413994 B.C. Ltd. offered $80.41 million for Garibaldi at Squamish Inc. (GAS Inc.) and Garibaldi at Squamish LP (GAS LP). The bid includes almost $73.5 million in GAS debt. The so-called stalking horse offer, designed to set a floor price, was the only one tendered to court-appointed receiver Ernst and Young (EY). 

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

In March, EY applied for court approval of the sale by RVO. A November 2022 article in Canadian Lawyer magazine explained that an RVO is a 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.”

On April 19, lawyers from the Dennis James Aitken firm, representing the provincial government, filed their opposition to a deal which would see all GAS liabilities moved to a new company that would then be bankrupted. 

“The Garibaldi RVO circumvents the authority of the Minister of Water, Land and Resource Stewardship to approve a disposition of the licence of occupation, with or without additional requirements as conditions precedent, pursuant to the Land Act,” said the province’s filing. “The Garibaldi RVO seeks, wrongly, to nullify these provisions and the province’s constitutional obligation to consult with affected First Nations, including the Squamish Nation.”

If the court grants the order, the province wants an amendment to limit the release provisions to ensure preservation of potential claims for environmental remediation. 

Justice Paul Walker heard April 22 that the Squamish Nation is not objecting to the application or transaction.

EY said there was no other offer for the companies, which face a January 2026 deadline to begin construction under the provincial environmental assessment certificate (EAC). 

GAS Inc. was created in 2001 to transform 2,800 hectares of previously logged forest on Brohm Ridge into a four-season resort with accommodations and amenities. GAS does not own any physical assets. Its primary asset is an interim agreement with the province that gives GAS the right to pursue construction and development. It generates no income, instead relying on third-party funding.

EY determined the RVO is the best and only way forward. It said proceedings under the Bankruptcy and Insolvency Act are not a “viable path forward for the project, Garibaldi and Garibaldi’s stakeholders” and the Companies’ Creditors Arrangement Act is not “practical or reasonable in the circumstances.”

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

“Given the unique nature of this interim agreement, its interdependence on the EAC, and the corresponding considerable expenses, and the tight timeline to satisfy the pre-construction conditions, it is difficult to ascertain a value for the assets of Garibaldi,” said EY’s April 10 filing. “The interim agreement grants an intangible opportunity to build the project, at the significant cost and risk of the purchasers.”

The 2016-granted EAC was extended in 2021 with a deadline to begin construction in January 2026. Work has not begun and there is no allowance for another extension, meaning it would require a fresh application to proceed. 

The project, on Squamish Nation territory, faces 40 pre-construction conditions, eight of which are deemed urgent. They include old-growth management, archaeology plan, Brohm River management plan and a dam for a snowmaking reservoir. Work to satisfy the conditions would cost more than $5 million over the next 12 months. 

When it was approved in 2016, GAS 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. 

Disagreements between factions connected to the families that own the Vancouver Canucks (Aquilini) and Dallas Stars (Gaglardi) have held the project back. 

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

Northland Properties owns Revelstoke Mountain Resort and Grouse Mountain. 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 B.C. government has intervened in