The NOW COQUITLAM, PORT COQUITLAM, PORT MOODY, ANMORE AND BELCARRA
A5
Wednesday, March 23, 2011
News
Lawsuit related to concrete Coquitlam fence dismissed
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handling the case on behalf of his mother, Diane Spraggs, said in an interview Monday that Gemex still has an outstanding lawsuit against the City of Coquitlam for building the four-lane David Avenue bridge on part of the Gemex property in 2004. Gemex is suing for trespass and has been trying to resolve the matter, he said, adding that Gemex wants to build a high-rise seniors’ community on the property. — Neal Hall, Vancouver Sun
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that they would be seriously prejudiced at trial due to the passage of time, fading memories and the fact that two defendants had died before examinations for discovery were conducted. B.C. Supreme Court Justice Lynn Smith, in a ruling released last Friday, granted the defendants’ application, finding they would be “greatly disadvantaged in putting forward their defence.” But that isn’t the end of Gemex’s legal action. Tom Spraggs, a lawyer
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The city tried to stop Gemex from building the replacement fence, especially near the riverbank. Gemex, which maintained that the fence met the city’s fence bylaw, took legal action against Lou Sekora, the mayor at the time and a current city councillor, and a number of retired mayors, councillors, city staff and a city lawyer who became involved in the matter over the years. The plaintiff’s legal action contained allegations of conspiracy and abuse of power. The defendants brought an application last year to dismiss the two related cases, which were tentatively set for trial next year — 16 years after Gemex built the fence. The defendants argued
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The City of Coquitlam and a number of former mayors and councillors have won their application to dismiss two legal actions in a long-running dispute over a fence. Both lawsuits were launched by Gemex Development Corp., whose president is Diane Spraggs. Gemex owns a large 40hectare (100-acre) parcel of land that is bisected by the Coquitlam River. In 1996, Gemex built a 2.4metre (eight-foot) high concrete fence along three sides of the property to keep out trespassers, which prompted a public outcry because it blocked a popular walking and mountain-biking trail. The wall replaced a chain link fence.