Jumbo developer sues province

The Jumbo resort developer accuses the government of bias and delay.

Mountain goats above Jumbo pass.

Mountain goats above Jumbo pass.

Glacier Resorts Ltd. believes environment minister Mary Polak decided against its Jumbo Glacier project last June because she is friends with Kathryn Teneese, a prominent opponent of the project. Teneese works for the Ktunaxa Nation Council.

Glacier Resorts filed a petition, attached below, in BC Supreme Court this week asking for a judicial review of Polak’s decision, citing the possible friendship bias and other reasons.

In June, Polak declared that the construction of the resort had not been substantially started on October 12, 2014. That date represented a deadline dictated by provincial legislation: if a proposed project is not substantially started by five years after a renewed environmental certificate is issued, it must be cancelled. That’s what Polak decided about Jumbo.

The court filing also states that the delay in getting started on construction was the government’s fault, not the company’s, for a number of reasons including:

• The government was slow in granting the Master Development Agreement, not producing this crucial document until March, 2012, eight years after the granting of the environmental certificate;

• The government did not create the mountain resort municipality until November 2012, after which the new municipality had to create land use processes, a community plan, and zoning bylaws, leaving little time for construction before the October 12, 2014 deadline;

• The result of those delays was that there were only two construction seasons (the summers 2013 and 2014) available to the company before the October 12, 2014 deadline.  The court filing states that the elevation, location, and terrain at the project site mean that construction season amounts to only about 8 weeks per year;

• Throughout the past few years, there has been clear understanding and expectations between the government and the company about construction timelines and requirements, and Polak’s decision flies in the face of those.

The petition to the court asks for an order that Polak‘s decision to be set aside, a declaration that the project was actually substantially started on October 12, 2014, and a declaration that the government must issue a new environmental certificate to the company.

Neither the Ministry of the Environment nor Kathryn Teneese were available for comment on this story.

 

 

Jumbo Petition to the Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Interior Health reported 79 new cases of COVID-19 and two new death in the region Friday, Jan. 22, 2021. (Ben Hohenstatt/Juneau Empire)
79 new COVID-19 cases, two deaths reported in Interior Health

Both of Friday’s deaths were both recorded at long-term care homes

Nelson Police responded to 802 calls last year they say had an element of mental health. File photo
Nelson Police: 802 mental-health related calls in 2020

That accounts for 12 per cent of total calls for service

Several large trees came down in the recent windstorm and destroyed a part of the building that houses Camp Koolaree’s showers and boy’s washroom. The camp has served generations of Kootenay families since 1931 as the Nelson area’s longest running children’s summer camp. Photo: Submitted
Camp Koolaree’s wash house destroyed by January windstorms

The camp is in need of donations to make repairs

Kootenay-Columbia MP Rob Morrison speaks during Question Period in the House of Commons. File photo.
MP Morrison calls Keystone XL permit cancellation ‘devastating news’

Kootenay-Columbia MP reacts to the Conservative Party’s removal of a controversial Ontario MP

Thursday, Jan. 28, 2021 is International Lego Day. (Jenna Hauck/ Chilliwack Progress)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 24 to 30

Lego Day, Talk Like a Grizzled Prospector Day and Puzzle Day are all coming up this week

A video posted to social media by Chilliwack resident Rob Iezzi shows a teenager getting kicked in the face after being approached by three suspects on Friday, Jan. 22, 2021. (YouTube/Rob i)
VIDEO: Security cameras capture ‘just one more assault’ near B.C. high school

Third high-school related assault captured by Chilliwack resident’s cameras since beginning of 2021

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

FILE - In this Feb. 14, 2017, file photo, Oklahoma State Rep. Justin Humphrey prepares to speak at the State Capitol in Oklahoma City. A mythical, ape-like creature that has captured the imagination of adventurers for decades has now become the target of Rep. Justin Humphrey. Humphrey, a Republican House member has introduced a bill that would create a Bigfoot hunting season, He says issuing a state hunting license and tag could help boost tourism. (Steve Gooch/The Oklahoman via AP, File)
Oklahoma lawmaker proposes ‘Bigfoot’ hunting season

A Republican House member has introduced a bill that would create a Bigfoot hunting season

Economic Development and Official Languages Minister Melanie Joly responds to a question in the House of Commons Monday November 23, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Federal minister touts need for new B.C. economic development agency

Last December’s federal economic update promised a stimulus package of about $100 billion this year

FILE - In this Nov. 20, 2017, file photo, Larry King attends the 45th International Emmy Awards at the New York Hilton, in New York. Former CNN talk show host King has been hospitalized with COVID-19 for more than a week, the news channel reported Saturday, Jan. 2, 2021. CNN reported the 87-year-old King contracted the coronavirus and was undergoing treatment at Cedars-Sinai Medical Center in Los Angeles. (Photo by Andy Kropa/Invision/AP, File)
Larry King, broadcasting giant for half-century, dies at 87

King conducted an estimated 50,000 on-air interviews

BC Coroners Service is currently investigating a death at Canoe Cove Marina and Boatyard in North Saanich. (Black Press Media File)
Drowning death in North Saanich likely B.C.’s first in for 2021

Investigation into suspected drowning Monday night continues

Kimberly Proctor, 18, was murdered in 2010. Her family has spent many of the years since pushing for a law in her honour, that they say would help to prevent similar tragedies. (Courtesy of Jo-Anne Landolt)
Proposed law honouring murdered B.C. teen at a standstill, lacks government support

Ministry of Mental Health and Addictions has concerns with involuntary detainment portion of act

Sunnybank in Oliver. (Google Maps)
Sunnybank long-term care in Oliver reports third COVID-19 death

The facility currently has an outbreak with 35 cases attached to it

Most Read