Provincial court Judge Moss has sided with the District of Sechelt (DOS) in finding the municipality doesn’t owe business owner George Goudie any compensation for the seizure of his signs in 2014.
Goudie’s lawyer James Mandick argued in court on May 12 that the District had used its power to intimidate and punish his client in 2014 for opposing the District’s plans.
Mandick said the DOS did so by removing and destroying Goudie’s business signs after he opposed a DOS referendum to borrow $7.4 million for a new sewer treatment plant and by removing his “vote no” signs related to the referendum on the day of the vote.
Judge Moss handed down his judgment on June 30, which listed no compensation for Goudie and indemnified chief electoral officer Margi Nicholas, who was responsible for the seizure of Goudie’s signs on the day of the referendum.
“I do not find chief electoral officer, Ms. Nichols (sic), to have been deliberately deceitful and somehow involved in a conspiracy against Mr. Goudie. She made a mistake. She got legal advice. She promptly admitted her mistake and told Goudie,” Moss wrote in his judgment.
“Taking down Mr. Goudie’s political signage was wrong, but the signs were removed, I conclude, based on a misunderstanding of the law.”
Judge Moss also noted Goudie had another avenue to challenge the results of the referendum vote through a judicial review, but Goudie didn’t proceed that way because “he felt a judicial review was too expensive.”
“It was, however, open to him,” Moss wrote.
Sechelt Mayor Bruce Milne said council had received the judgment last week and noted that council was pleased “that no additional costs will arise for taxpayers” over the issue.
“The District was very well represented by Sara Dubinsky from Don Lidstone’s office,” Milne said.
Goudie said he doesn’t agree with the judge’s findings and added he’ll be “filing an appeal with the Supreme Court” through his lawyer soon.
