BES - WEDNESDAY August 14, 1996 Appeal court supports -$1M-pius payment for uncut timber allotment By tan Noble News Reporter THE Greater Vancouver Regional District (GVRD) fost =-a million-dollar, watershed rul- “ing in the B.C. Court of Appeal Friday. The ruling supports a December 1994 deci- sion. that ordered the GVRP) ty pay C and R Logging Ltd. $957,889 for breach of contract, $250,000 for loss cf opportunity, $137,396 for interest, and court costs. NEWS photo Cindy Goodman inside the volcano : SUZIE Arshak (left) and Ja Pace, both 10, take a peek inside Evelyn Roth's Storytelli - Under the Volcano festival at Cates Park last Sunday. The day-long celebration of art and social activism featured hip-hop . and punk bands, spoken word performances, First Nations dancers, workshops, children’s play areas and ethnic food. The court case relates to an agreement under which the GVRD would allow C and R to log an estimated 265,106 cubic metres of timber over a three-y riod in the Seymour, Capilano and Coquitlaan watersheds, Over the three years, the GVRD gave C and R permission to fog only 226,310 cubic mictres, prompting the lawsuit. Although the harvest was bigger than anticipated in’ 1990 and 1991, C and RK cut only 38,892 cubic nites in 1992 instead of the proposed 91,300 cubic metres. According to Appeal Court Justice Brian arrothers, one of three judges to make a de ion on the appeal, timber volume estimates are an important factor in’ setting bid) prices because contract logging requires substantial operations and investment. rothers said the GVEI’s liability arises from its “unexplained delay and ulnimate fa ure™ to carry out its 1992 commitment to and Ron time. During the early 1990s, the GVRD came under strong pressure co halt log- Volcano at the seventh annual ging in the watershed. In November 1992, a group of protesters chained themselves to the gates of the Capilino watershed, preventing access to C and R logging truck: During the original trial, GVRD lawyers argued that the reduced work for C and R owas based on valid public interest. They ceferred ta the “proactive low-level” watershed manage- ment philosophy endorsed by the GVRD board in 1991. That philosophy dictated the GVRD carry out its activities as conservatively as possible to ensure water quality. West Vancouver Mayor Mark Sager, who is also vice chairman of the GVRD board, said on Tuesday that public pressure was a factor in delaying C and R access to cuthlocks, Ac the time, legal advice to the GVRD board indicat- ed the GVRD controlled cutblocks. The board wanted to go slowly with cutting, said Sager. He said Friday's court decision warns future boards to avoid similar situations. But Sager rearen't huge cutblocks done like 0 it is all academic.” WEATHER Thursday: Sunny, cloudy periods, High 21°C, low 13°C trash tc tender By Martin Milterchip Contributing Writer NORTH Vancouver District will go to tender for the ‘col- lection of garbage and recy- clables after all. Three weeks after deciding not to enter- tain bids trom the private sector, council reversed itself Monday and agreed to recon- sider the matter because of confusion over the earlier vote-call. . Council endorsed the North Shore: Integrated Solid Waste Management Plan (NSISWMP) on July 22. The plan suggests current waste collection services could be expanded and that private contractors could be invited to bid on all or part of the work. Laidlaw Waste Systems (Canada), which already holds the contract for waste dispasal and recycling in West Vancouver, claims the’ district's collection costs are: significantly © higher chan other Lower Mainland munici- palities with contracted sivices. Local CUPE workers have already said they doubt the district will realize any sav- ings with privatization. ; But CUPE spokesman Mike Hocevar said council's decision to allow the union to participare in the drawing up of the tender “was a positive step. zi ; Hocevar believes that cuuncil will bring the expanded recycling collection “in- house” once it has all the information. He said the board is currently reluctant to approve cutting while inventories of the three watersheds continue and until a management plan based on those inventories is completed. John Morse, the GVRD’s water and con- struction department manager, said the man- agement plin should be finished by next sum- mer, A decision on proceeding with an app of the appeal court ruling won't be made until the next GVRD board meeting, scheduled for. Oct. 4, said Me GVRD lawyer Jack Giles said an appes the Supreme Court of Canada requires leave to appeal, which is usually only granted in cases of national imerest, The prospects for getting ‘deave in this case would not be great, he added. The $250,000 loss of opportunity payment ted toa timber deal. Because of the contract ch, che company was prevented from tik- ing part in two lucrative timber sales that net- a former C and -R employee $1 million. rrothers rejected the loss of opportunity pay- ment, while the other two judges supported it.