NEWS photo Nei Lucente

Carving contest

BEN SCHREIBER and dad Brian cut into a pumpkin during the Park & Tilford pumpkin carving
contest on Saturday, Oct. 30. Proceeds from the event went to Canuck Place.

| NV District slide victim charges
municipal response mishaiidled

NORTH: VANCOUVER District Mayor Murray Dykeman
owes municipal ‘taxpayers a public apology for wasting
district money in a legal battle with two Lynn Valley
homeowners who took the district to court over slide dam-
age to their houses, one of the homeowners has charged.

’, But Dykeman says he . has
’ nothing to apologize about.

. On. Oct, 8 the B.C.
“Court ruled the district was at
fault for failing to take adequate
action following the slides.

‘++: The homeowners were awarded
- over $750,000 by the court.
The district intends to appeal
the decision. :

The court ruled ‘the district: was

. negligent and in breach of duty in:
@ ignoring a serious crack in 1961
from a -flood-caused slide’ that
wiped out an_ area - sewage treat-

ment plant;

* @ failing
cil-ordered -soil. tests on several
critical occasions;

@and ‘‘stone-walling’’

repeated pleas’of the affected resi-
dents for action.

o Mr. E
Harvey ordered the district to buy
out the Birchlynn Place properties
of Ivo and: Linda Vodnak and
Harvey and Glenys. Lawson at a
total value of $630,000.

. © But Vodnak, who said he is still
" considering some kind of ‘‘ac-
tion’? against the district, said
Dykeman owes district taxpayers
an apology.

He also said he never wanted to
take the issue to court in the first
place.

“1 think it was mishandled very,
very badly. 1 did my best to avoid
it (legal action).

“The apology (by Dykeman) is
owed to the public for, mishandl-
ing the. whole situation,’ said
Vodnak.

He added that he ‘‘lost three
years of my life’ in fighting the
district over the issue.

Vodnak said initially he only
wanted a straight land swap for

Supreme -

to obtain coun-

the

Justice Ronald Bruce —

By Surj Rattan
News Reporter

his damaged property and never

wanted to take the issue to court.
He estimated that between

himself and the Lawsons, the two

parties have had to pay about

$100,000 in legal fees.

“We won morally, but we lost
financially,’’ said Vodnak.

He said the district council was
willing to put the issue on the
public council agenda but that
“Mayor Dykeman rejected it.’’

But Dykeman said council
agreed the matter should be
discussed in-camera and that
council has a responsibility to deal
with all land transactions in-
camera.

“TI had to act in a responsible

. Manner and counci! agreed. Mr.

Vodnak wished that (putting the
issue on the public council agenda)

had happened.

“1 agonized over this day in and
day out. | tried to deal and talk to
the Vodnaks, but | had to meet
the responsibility of the mayor
and the community at large,”’ said
Dykeman.

He also added that the district
does not have the responsibility to
exchange land with homeowners,
which Vodnak originally re-
quested. Dykeman also said at the
time Vodnak requested a land
swap, “‘there was no question of
liability’’ on the district’s part.

Dykeman said he only decided
not to talk to the Vodnaks after
they had initiated court action.

*‘T talked to him before. There
was no hesitation to meet with
him.”

Wednesday, November 3, 1993 - North Shore News - 3

That time again,

as

unicipalities

o0 into elections

What’s ahead in News’ coverage

BELIEVE IT or not, elec-
tion time is fast approaching
— again.

Municipal elections will take
place on Saturday, Nov. 20. On
the North Shore, residents of the
three municipalities will be electing

“new councils and school boards

for three-year terms.

A total of 79 candidates are
running for. 32 available seats on
the North Shore.

As it did during the recent fed-
eral election, the North Shore
News will focus on election issues
raised by the newspaper's editorial
board, candidates and members of
the public.

It will also present analyses of
the incumbents and how they have
performed in their past term,
features on the mayoral races in
North Vancouver City and

District, coverage of various all-
candidates meetings and much
more. .
Background information on all
of the candidates running for the
available council and school board
seats in the North Shore’s three
municipalities and two school
districts will be published in up-
coming issues of the News prior to
election day.

The series kicks off today with
a look at the candidates | running
for seats on the West Vancouver
School District 45 board (See page
10).

Watch coming News editions
for biographies on the candidates
in your area.

The News will also provide-an
ongoing listing of all-candidates
meetings being held on the North
Shore.

e, homeowner Says

NEWS REPORTER RESPONDS TO CONCERNS

A RECENT North Shore
News front page article on
a B.C. Supreme Court
ruling that found North
Vancouver District
negligent and in breach of
duty over its handling of
the victims of slides near
Lynn Creek in Lynn Valley
has provoked a strong
response from municipal
staff.

The News has learned that the
district is appealing the decision.

The Oct. 15 News article
reported that two familics whose
houses were effectively destroyed

by severe slide-related cracking -

were awarded damages estimated
at over $750,000.

North Vancouver District
municipal manager Mel Palmer
has since claimed that the article,
“based largely on the judge’s
40-page findings, contained
several misleading statements.”

Contributing writer Brent
Mudry, who wrote the original
story, responds to Palmer's
concerns:

The judgment was actually 80
pages long, with six more pages
of site maps. Council members
first heard news of the judgment
in the Oct. 15 News article, al-
though the court had released
the judgment to the media one
week earlier.

Municipalities
Struct. lawyers

commonly in-
for immediate

@ Budget Beaters
Bi Business
Classified Ads
2 Comics

sal Crossword

.56

notification of judgments, which
are released to parties at least
one day before the media.

For example, West Vancouver
Mayor Mark Sager. is briefed on
judgments when they are
released.

Mr. Palmer claims only one
slide occurred, in’ 196!: ‘Since
that time there was no indication
of a future slide potential until
the appearance of cracks in
December 1990."

But Mr. Justice Ronald Bruce
Harvey refers to evidence that
significant soil stippage and
creek-level washouts occurred at
several intervals in the interven-
ing period,

“There was plenty of indica-
tion of slide potential, but it was
left uninvestigated by -the
district,’ Jack Cram, tawyer for
one family involved in the suit,
told the News.

Mr. Palmer claims the article
suggests the district will be pay-
ing the $750,000 directly.

But 1 believe most taxpayers
realize that all districts, like
motorists, companies, doctors
and journalists, carry insurance.

“The district offered as much
assistance to’ the Vodnaks and
Lawsons as we could without in
any way predetermining financial
responsibility and jeopardizing
our insurance and coverage,”
Palmer claims.

But court files show that both
families were stonewalled, and
forced to endure a long and
costly court battle.

And B.C. taxpayers now face

@ Lifestyles... 2.2.0.0... 45
&@ News of the Weird

TV Listings

THIS WEEK’S QUESTION:
Are you happy with your present municipal council?

was
counters.
them from conceding liability to
their

cionable,

the
McBride to the case. The judg-
ment

volved
out-of-court buyout claim, and

a tab for over $25,000 to con-
duct the district’s five-week trial.

“In my’ view, no assistance
given — none,’’ Cram

“Nothing stopped

insurers and instructing
help be given on a ‘without pre-

judice’ basis — it's done all the

time."”

The district rejected an earlier
land swap proposed by one fam-
ily.

“Their actions were uncons-
** said Cram.

Mr. Palmer takes issue with
News’ linkage of Harry

clearly shows that
McBride, former. deputy

engineer, was the senior district
official dealing with the issue.

McBride was the captain on

watch — the public has a right

to know his district status.
Mr. Palmer claims the district

has made no preliminary buyout
offers
Avenue residents. ‘‘Since. Febru-
ary

for other Birchlynn

1991, the Vodnak and
Lawson claims have_ been
handled by our insurers, the
Municipal Insurance Association

of B.C. Any offers for property
-have been strictly by them at
their discretion,’

’ Palmer states.
But district staff have been in-
in at least one other

been in direct contact with the
family. .

Again, the district’s insurers
will foot the bill.

Weather

Thursday, mostly cloudy, highs
10°C, lows 3°C. 30% chance of
precipitation.

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