AN APPLICATION to dismiss a civil suit filed against Save Cypress Bowl Committee (SCBC) spokesman John Beltz by Cypress Bowl Recreations Lid. (CBRL) was denied in B.C.

Supreme Court Wednesday.

The charges against Beltz, seek- ing damages for unlawful trespass and damaging CBRL’s business, were filed on April 21.

Beltz said he filed the applica- tion on the grounds that charges laid against him and SCBC presi- dent Lynn Von Krosigk were ‘preposterous and an abuse of the process of the court.”’

But Vancouver county court Judge Doug Wetmore ruled that Beltz’s application did not have sufficient information to back his claims and that there was enough evidence for the suit to proceed to trial.

CBRL lawyer David Wende said Thursday Beltz was ‘‘totally wrong’’ in his application.

“He is being sued because he was on groomed trails for which my client has a right to charge and he refused to pay. He insisted on trespassing.”’

The CBRL suit was filed follow- .

By TIMOTHY RENSHAW News Reporter

ing a March | ski-in demonstration organized by SCBC.

SCBC, which was originally formed in 1968 to protest the clear-cut logging of Cypress Bow], was resurrected ir 1985 to battle what its members maintain is CBRL’s illegal obstruction of free access to Cypress Provincial Park.

CBRL, which signed a 50-year agreement with the provincial gov- ernment to take over management of the park’s ski facilities in 1984, charges downhill and cross-country skiers for using facilities that are within its permit area.

Beltz and other SCBC members maintain that wilderness hikers should not be charged a $3.75 fee to use trails if they must cross those trails on the way to the park’s back-country hiking routes.

They claim the charge con-

‘PRESIDENT REQUESTS $206,000

to a recreational

illegal obstruction class A

stitutes provincial area.

Wende said CBRL had paid $500,000 to the provincial gov- ernment to tuke over management of the park's facilities and natural- ly wanted to protect that invest- ment.

He added that sections eight and 24 of the Provincial Parks Act gave the government the right to do what it wanted with B.C. class A parks.

CBRL genera! manager Wayne Booth has described the SCBC as a small group of freeloaders who want everybody else to bear the $400,000 annual cost of maintain- ing the Cypress Bowl ski area.

A plan to designate a public cor- ridor through the park’s ski area is currently under negotiation be- tween CBRL and the provincial Ministry of Lands, Parks and Housing.

Charges against Beltz were filed by CBRL after the West Van- couver lawyer had filed a series of civil suits seeking damages from the District of West Vancouver, the West Vancouver Police Department and Booth.

ity asked to fund

colles

CAPILANO COLLEGE’S planned $3.8 million recreation

facility will benefit the entire community, North Vancouver

City Council heard Tuesday.

And college president Dr. Douglas Jardine asked the city to kick in $200,000 to pay for part of the project, which will inclide a 15,000-square-foot gym, an exer- cise room and four racquet courts.

But Jardine stressed that the fa- cility’s operating casts will be borne only by the college. ‘*We are not asking this council or any other for operating. costs,’’ he assured the mayor and aldermen.

College planning director Alan Smith said that the college will dedicate 25 per cent “prime com- munity time’’ for use by non- coliege groups. This, he said, could range from a North Vancouver Recreation Commission-run pro- gram to an adult sports tourna- ment,

“This facility will be by far the largest space for floor-based sports on the North Shore,”’ observed Smith, who suggested province- wide events such as the B.C. Summer Games could be held in the new facility.

He noted that lack of ap- propriate space has already forced two local groups to seek facilities off the North Shore for their events — the Flicka Gym Club

THE AUCTION to lia- uidate assets of North Van- couver’s Bel-Aire Shipyard will take place Oct. 23,

Joiner Commercial Industrial Sales Lid., which acquired the bankrupt company’s assets Sept. 29, will hold a preview for the auc- tion Oct. 22 starting at 9 aim.

By STEPHEN BARRINGTON News Reporter

the Howe Baskecball

and Shore

tournament Sound-North

Tournament. “This is a litle embarrassing,”

Smith said.

ext }

CAPILANO COLLEGE president Douglas Jardine...‘‘largest space for floor-based sports on the North Shore.”*

Calling the proposed new facility “ta boon to the North Shore,’’ he added that it could also be used for

By TIMOTHY RENSHAW

News Reporter

As chronicled in an Oct. 5 News story, interim receiver for the Bel-Aire property Coopers & Lybrand sold the shipyard’s assets to Joiner for a guaranteed return of about $400,000,

Gary Powroznick of Coopers &

@ gymnasiui

small to medium-sized trade shows. Sut Ald, Stella Jo Dean was

« icerned that a facility in the

. District of North Vancouver might

mean less people going to a city facility. “I think we’re going to have a duplication of programs,” Dean said.

Ald. Allan) Blair agreed this might be a problem. ‘‘Does this extra (facility) bring with it redun- dancy?”’ he asked.

Smith stressed that the North Vancouver Recreation Commission did not feel the new facility would cause decreased use at existing gyms. “They don't seem to think so,"" he reiterated.

Jardine told council that the cal- lege’s approach would be to seek financing for the project once the three North Shore municipalities had committed funding. So far, he said, the District of Noru: Van- couver has pledged $400,000 and West Vancouver has pledged $150,000 toward the facility.

In a letter to council, Jardine noted that the provincial gov- ernment will be paying for about 30 per cent of the project. The government's share of over 31.1 million has already been com- mited, he said.

Council referred the matter to its finance committee.

Lybrand said Wednesday the two companies described in the News story as having made offers to set up businesses in the shipyard were not considered by the property's creditors to have made viable offers.

“They (the offers) were not ic- ceptable. The return on assets was not (deemed to be) enough,” Powroznick said.

The first proposal for the Bel-

3 ~ Friday, October 17, 1986 - North Shore News

Judge throws out ‘Save Cypress Bowl’ countercharge

Wende_ said proceedings for CBRL’s suit were begun before Beltz had filed his suit.

Beltz filed his court action fol- lowing his arrest by West Van- couver police at the March | ski-

SAVE CYPRESS Bow! Committee spokesman John Beltz...charges were ‘preposterous and an abuse of the process of the court.”

in. No charges were laid against Beltz following the arrest.

In his affidavit, Beliz states that the assaults “committed on me by the officers and employees of Cypress Recreations, the malicious prosecution and misuse of the police and crown prosecutors and my false arrest constitute @ serious wrong quite separate...” from the issue of park access. ;

Beltz claimed in his affidavit that the parks branch has never, since CBRL began operation in December, 1984, posted notices or signs indicating what rights it had given to CBRL and on what authority that the public was re- quired to pay for groomed runs the parks branch had provided free.

Beltz stated that, because there was no private property in the park to trespass on, the actions brought against him by CBRL were “‘spucious...(and) a bargaining ploy against my then announced intention to bring action against Cypress Recreation...”

He added that Deputy Minister of Lands, Parks and Housing Bob Flitton’s promised quick resolution to the Cypress Bowl problem had not materialized.

Wende said he hoped the cor- ridor would resolve the Cypress Bowl dispute, ‘‘but regardless of what happens, if everybody started using (CBRL's permit) property without paying, they (the CBRL) could kiss their £% million good- bye.”’

Beltz said he would consider his options rather than launch another application immediately.

NEWS photo Mike Wakefield

DAVID and Samantha Short step lightly between shards of glass and splintered wooden logs. The rubble is all that remains of the last of four log cabins formerly located in Panorama-Deep Cove Park.

Aire yard came from Super Marine Equipment Ltd. and involved the manufacture of fish farm pens and floats; the second proposal, from In-Depth Holdings Ltd., involved the construction of pocket cruise ships at the shipbuilding facility.

Bel-Aire was shut down at the end of January, three months after it was acquired by Pinecorp Research Corp.

AS a result, 150 employees from the 25-year-old shipyard were put out of work. :

Assets that will be auctioned on Oct. 23 include cranes, forklifts, pick-up trucks, lathes, buildings and welding equipment.

Equipment can be previewed Oct. 22 between 9 a.m. and 5 p.m. at 1667 Columbia Street in North Vancouver.