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Tri-City News Wednesday, November 27, 2013, A9
$35k for root dispute A Coquitlam couple will have to pay a $35,000 court settlement for defamation after a dispute with their neighbours over some trees turned ugly. According to court documents, the incident started in 2011, when Harbhajan and Harbans Dhadwal demolished a home on Blue Mountain Street. During the course of the work, roots located on their property were damaged enough that trees in the neighbouring yard had to be removed. Those trees belonged to a common-law couple, Ronald Demenuk and Robyn Soames, who responded by putting up signs on their property that made racist and defamatory statements about the Dhadwals, according to court documents.
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plant on their property or where they can place such trees,” he wrote. “It seems curious, and a selfevident problem, that a person might, without restriction, plant a tree of any dimension on the border of their property on one day and that their neighbour would be limited in what he or she might do to address the foliage and roots of that tree on the next day.” gmckenna@tricitynews.com
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dislike each other,” Voith said.“I find, however, that Ms. Soames’ dominant object was mean-spirited, spiteful and directed at the Dhadwals.” Vo i t h ordered Demenuk and Soames to pay $25,000 in general damages and another $10,000 in aggravated damages. The defamation suit was a counterclaim to legal action launched by Demenuk seeking restitution for his trees. But the court dismissed Demenuk’s claim, noting that the roots that were damaged were located on the Dhadwal property; that means the property owners had a right to remove the roots and, according to the judgment, should not be liable for the destruction of the trees. The judge was also critical of the city of Coquitlam’s tree bylaw, writing that the policies that existed at the time of the incident were incoherent. “The city does not regulate in any way what trees a person may
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Displays that read “This is Canada, not India” and “Some people are alive simply because it’s against the law to kill them” were posted by Soames on her property and stayed up for several months, according to court papers. The judgment also noted that a guestbook was placed next to the signs for people passing by who wished to leave a comment. Throughout the trial, Soames and Demenuk maintained that they did not know that the Dhadwals were of Indian descent and said the signs were only put up to inform the public of what was happening to trees in Coquitlam. Supreme Court Justice Peter Voith said the assertions made by Demenuk and Soames were not plausible and that the displays were posted with malicious intent. “I understand that over time, the parties and, in particular, Ms. Soames and Mrs. Dhadwal, had come to
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Notice of Liquor LiceNce AppLicAtioNs cactus club cafe
www.coquitlam.ca/publicnotices
Judge rules Coq. couple defamed by neighbours
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The Cactus Club Café, located at 110 101 Schoolhouse Street, Coquitlam, has applied to the Liquor Control and Licensing Branch (LCLB) for a liquor primary licence, to be operated in conjunction with the existing food primary licence at the same location (the applicant is proposing to split the existing food primary restaurant into two distinct areas). The total occupant load for the liquor primary area would be 85 persons and the proposed hours of liquor service are 10:30 a.m. to 1:30 a.m. Monday through Sunday.
In accordance with the Liquor Control and Licensing Act and Regulations, the City of Coquitlam has been asked to provide comments and a recommendation on these applications to the LCLB. The City invites residents to provide input to Council with respect to how the respective liquor licences, if approved, may affect them and their property. The City of Coquitlam will be receiving the input requested herein up to Monday, December 2, 2013. Written correspondence can be provided in one of the following ways: Email: clerks@coquitlam.ca
Douglas college Douglas College, located at 1240 and 1250 Pinetree Way, Coquitlam, has applied to the Liquor Control and Licensing Branch (LCLB) for a Liquor Primary Licence. The Licence would be event driven and is proposed for various fundraising events and employee seasonal celebrations which would be intended for college employees and invited guests only. If approved, liquor would be permitted to be served until 11:00 p.m. at such events. Special Occasion Licences have been granted to Douglas College on a number of occasions in the past by the Liquor Control and Licensing Branch (LCLB) for these types of events. If approved, this application would result in the College no longer needing to apply for temporary liquor licences on a case-by-case basis.
rhino’s pub Rhino’s Pub, located at 541 Clarke Road, Coquitlam, has applied to the Liquor Control and Licensing Branch (LCLB) for a permanent change to its Liquor Primary Licence, specifically to increase the hours of liquor service. The proposed hours of liquor service are 9:00 a.m. to 1:00 a.m. Sunday through Thursday and from 9:00 a.m. to 2:00 a.m. Fridays and Saturdays (current hours of liquor service are 9:00 a.m. to 1:00 a.m. Monday through Saturday and 9:00 a.m. to midnight on Sundays).
Fax: 604-927-3015 Mail: City Clerk’s Office, City Hall, 3000 Guildford Way, Coquitlam, B.C., V3B 7N2 In person at City Hall, 3000 Guildford Way at the City Clerk’s Office during the hours of 8:00 a.m. to 5:00 p.m. from Monday to Friday excluding statutory holidays (Telephone: 604-9273010). Input received will be provided to Council in the form of a report at a Regular Council Meeting. Council will consider the input provided and submit a formal recommendation on each of these applications to the LCLB. Written submissions provided in response to these consultations will become part of the public record which includes the submissions being made available for public inspection at Coquitlam City Hall and potentially on our website as part of a future agenda package at www. coquitlam.ca/agendas. Additional information concerning these applications can be obtained by contacting Kerri Lore, City Clerk’s Office, at 604-927-3016. Kerri Lore Deputy City Clerk