NEWS photo Paul McGrath NORTH VANCOUVER’S Alex Siieda leads at the front of the pack as cyclists head out for the 50-lap Gastown Grand Prix held fast weekend. But later in the race the 7- Eleven team member fell back, finishing 11th while New Jersey’s Jonas Carney made a big push in the final lap to win the race. Stieda won the Gastown race in 1980 and 1984. Dual entry foes take Victoria to court THE PROVINCIAL education ministry is being taken to court over its controversial dual-entry program, the News has learned. The Lower Mainland Parents Coalition on Dual Entry (LMPCDE) has hired one of the top three consititutional lawyers in Vancouver to fight its case, which will be based on the Charter of Rights. Kim Stephens, coordinator of the West Vancouver Parents Ac- tion Committee on Dual Entry (PACODE), which is a member of the Lower Mainland croup, said the lawyer, whom he declined to name, is also the father of a kindergarten-aged child who will be affected by the dual-entry pro- geam. The lawyer, he said, has agreed to fight the case at a ‘‘substantial- ly reduced fee.” “In this kind of an issue we felt we needed to have a top gun,” Stephens told the News on Friday. He added that the court challenge to the dual-entry pro- gram will be based on the Charter of Rights and will be focused in part on the ‘‘flaw and implemen- tation’’ of dual-entry. “That flaw is discriminating against the ‘November-December’ children,’’ Stephens said. Last week Education Minister Tony Brummiet rejected a request from the West Vancouver parents’ group that he make changes to the By SURJ RATTAN News Reporter dual-entry program. PACODE and LMPCDE have said they are not opposed to dual-eniry in general, only that aspect of it which took away a previous option iat gave parents a choice on when to enrol their children into kindergarten. Under the dual-entry program, established in the new B.C. School Act, a child turning five between Nov. | and April 30 must wait until either the following January or September before entering kindergarten. And if a child’s fifth birthday falls between May 1 and Oct. 31, he or she can be enrolled in kindergarten in either the follow- ing September or January. But PACODE and LMPCDE argue that if their ‘‘November- December"’ children can’t start kindergarten in the September preceding their fifth birthdays they will not be allowed to pro- gress through the education system with their friends. A number of B.C. school boards, including North Van- couver, Whistler-Howe Sound, Vancouver, Burnaby, Richmond, Mission and Salmon Arm, have all agreed to defy dual-entry and offer parents a choice on when to enrol their children into kindergarten. But the West Vancouver District 45 School Board has refused to do the same. Stephens said Brummet’s deci- sion to maintain a status quo position on dual-entry ‘orved the parents’ groups to initiate court action. “We only have one option and that’s to pursue this through the legal route which we are,’' said Stephens. PACODE had earlier estab- lished a trust fund of $2,200 which was be used to obtain a legal opinion on taking the dual- entry issue to court. Stephens said the larger Lower Mainland group is now receiving financial support from across the province and has already managed to raise half of the lawyer’s fee. “We have commitments from provincial groups in places like Trail, Burns Lake and Fort Fraser. We will be appealing to people on the North Shore and throughout the province for help,’’ said Stephens. ‘‘We are taking this one step at a time. The new school act was passed in August. When you pass a school act in August it’s pretty hard to make that (switch to dual-entry) transition in’ the next school year,"* 3 - Sunday, July 8, 1990 - North Shore News Cypress partners Bowl scrap over golf course THE PRINCIPALS of Cypress Bow! Recreations Ltd. Partnership (CBRLP), the company that owns and operates the Cypress Bowl ski resort, are set to lock horns in B.C. Supreme Court following a disagreement over in- terests claimed in the proposed development of a con- troversial 27-hole golf course on municipal land adjacent to the Cypress Bowl! recreation area. Telbo Enterprises Ltd., a limited partner in (CBRLP), is claiming damages for breach of contract’ against Cypress Ridge Golf Ltd. and West Vancouver businessmen Stephen A. Hynes and Frank Sojonky. The director of Telbo is Wayne Booth, who is also the general manager of the Cypress Bowl sisi operation. Booth, Sojonky and Hynes are directors of Cypress Bowl Recreations Ltd. (CBRL), the private corporation responsible for ski hill management. Booth and Telbo initially became associated with Hynes and Sojonky under the CBRLP um- breila in 1984 Booth alleges that West Van- couver District officials approach- ed him in the summer of 1987 and informed him that the district was interested in developing a golf course in the Cypress Bowl area. He claims he took the idea of developing a proposal for a golf course to Sojonky and Hynes, but was turned down. Booth alleges that with the eventual sup- port of Hynes and Sojonky he pursued the golf course proposal on behalf of CBRLP. in July of last year the district awarded the partnership the right to proceed with technical studies and to lay the groundwork for taking the project to the land-leas- ing stage and eventual develop- ment as a golf course. Booth claims he retained consultants on behalf of the limited partnership to develop the golf course bid. But Booth alleges Hynes, So- jonky and Cypress Ridge Golf Ltd. have since advised consul- tants and the district not to deal with Booth or Telbo in regard to the golf course development. Booth claims the golf course proposal is being advanced as a venture of Cypress Ridge Golf Ltd. to the exclusion of the rights of the limited partnership and Telbo. . He also claims that Telbo’s op- tions are being limited to par- ticipating in the golf course ven- ture as a minority shareholder in Cypress Ridge Golf Ltd. But in their statement of defence, Hynes, Sojonky and CRGL deny that Booth was given the go-ahead to pursue the golf course proposal and retain profes- sional consultants on behalf of the limited partnership. They also allege Booth was not in control of the various proposals and submissions made to further the golf course development. They allege that Booth, Hynes and Sojonky agreed in late 1987 to pursue the golf course proposal as three individuals. The project would then be undertaken by a limited company separate from the CBRLP. Affluence & Influence... .16 Gary Bannerman...... Classified Ads..... Cocktails & Caviar Comics. Editorial Page Fashion... While agreeing that Booth undertook much of the initial work to get the proposal under- way, they claim that Telbo has no tight or interest in the golf course project and that Booth himself did not participate with Hynes and Soionky in advancing the golf course project beyond July of last year. They claim he didn’: subscribe for shares of CRGL and didn't assist in funding the approximate- ly $252,000 needed to prepare studies and advance the project. Booth allegedly demanded veto power over the project, which Hynes and Sojonky refused. a ee Booth allegedly demanded veto power over the project, which Hynes and Sojonky refused. Sojonky said Wednesday the suit has not been heard in court. “The facts are that Cypress Bowl Recreations has three limited partners and Cypress Ridge Golf Ltd. has two shureholders. If Mr. Booth has any particular claim then \hat’s a matter that will be dealt ‘vith in the 2ourts sometime in the future. I don’t have any idea when ‘hose thiigs will be heard. I think there's a trial for June of 1991. You know how the judicial system progresses,’’ So- jonky said. Terming the dispute an internal matter bety-cen sharcho*Jers, So- jonky said «:e legal action will have no impact on the golf course development process already under way. Meanwhile a zoning bylaw covering the golf course has been adopted by West Vancouver Council. A process agreement, taking into account golf course committee recommendations, has yet to be brought forward to council. Booth was unavailable for comment to press time. Said West Vancouver municipal clerk Doug Allan, ‘‘Once the pro- cess agreement is in place we wiil begin to enter into negotiations with Cypress as to the exact loca- tion of the golf course, taking into account results of the public hear- ing.”* High Tech.............26 Horoscopes ..... Bob Hunter...... WEATHER Mainly sunny Sunday through Tuesday. Highs near 23°C. Second Class Registration Number 3885