Wednesday Dec. 17, 2014 www.saobserver.net $1.25 GST INCLUDED
Santa takes to the train
Santa waves to the crowd as the CP Rail Holiday Train arrives in Salmon Arm at the Lordco parking lot on Monday, Dec. 15. Hundreds of people turned out for the annual event that collected 3,400 pounds of food for the Salvation Army Food Bank. For more images, turn to page A10.
EVAN BUHLER/OBSERVER
SmartCentres launches lawsuit Shopping centre site: Owners seek millions in damages from engineering firm, employees. By Martha Wickett OBSERVER STAFF
Another lawsuit has arisen from the SmartCentres property. Four affiliated companies – SmartCentres Inc., a BC numbered company, Salmon Arm Shopping Centres Limited and Calloway REIT (Salmon Arm) Inc., have launched a lawsuit against EBA Engineering Consultants Ltd. and three of its employees. A BC Supreme Court document outlin-
ing Justice G. Bruce Butler’s reasons for judgment states that SmartCentres retained EBA to do environmental assessments prior to purchasing the land at the west end of town, part of which now houses a Walmart store. The property, which is close to Shuswap Lake and the Salmon River, was subject to provincial regulations governing setbacks to fish-bearing waters. EBA provided two reports, a preliminary environmental investigation report on Feb.
This week Fans are treated to an exciting contest versus the leagueleading Penticton Vees. See A13. Dancers turn the community centre stage into a winter wonderland. See A16 for more.
22, 2007 and a preliminary riparian area regulation assessment on July 30, 2007. SmartCentres completed purchase of the land on Oct. 15, 2007 for $14.7 million. “The two reports provided by EBA suggested that substantial portions of the properties could be used for development based on the anticipated RAR (riparian areas regulation) setbacks contemplated in the reports. However, that information proved to be inaccurate,” states the court document. “The high water mark of Shuswap Lake im-
pinges on the properties such that once the proper RAR setbacks were applied, only a portion of the land could be used for redevelopment. The plaintiffs say they relied on the two EBA reports when they purchased the properties and that the reports were prepared negligently by the defendants. They say they suffered a loss of at least $3.3 million, and perhaps much more, as a result of their reliance on the EBA reports.” See Trial on page A2
Index Opinion ....................... A6 View Point .................. A7 Time Out..................... A8 Life & Times ............. A10 Sports................A13-A15 Arts & Events ... A16-A18 Vol. 107, No. 51, 36 pages