The Sunshine Coast Regional District (SCRD) has spent more than $46,000 to date on legal fees related to the civil claim it filed against 18 different companies involved in the construction of the Sechelt Aquatic Centre.
The figure came to the SCRD’s Oct. 29 special corporate and administrative services committee meeting, where directors were shown the expenditure related to two rounds of discoveries in the case held in June and mid-October of this year.
A total of $153,093 is left of the original $200,000 set aside through taxation for fees related to the claim, which was filed in September 2013.
The SCRD is seeking an undisclosed amount of money for several deficiencies found at the pool after it opened in November 2007.
The original claim lists major defects found in the boiler system, the HVAC system, the pool itself, the pool’s salt water system and the overall building envelope.
While the SCRD has spent thousands fixing the problems, manager of recreation services Bruce Bauman declined to say exactly how much when contacted by Coast Reporter.
“Not all of the costs are in and we’re still in legal proceedings with the defendants. It would harm our legal case to divulge those numbers today,” Bauman said.
He noted the SCRD did receive a $100,000 grant in 2009 to do some work at the pool, which offset the overall cost somewhat. However, Bauman said the money doesn’t diminish the relief sought through the civil claim as “it’s money that could have been used elsewhere.”
Defendants in the civil claim have filed their responses, with most arguing that “the Covenant to Insure bars this action against the defendant,” and claiming no action can be taken against them due to the provisions of the “Limitation Act, R.S.B.C. 1996, c.226 as amended.”
Nevertheless, a hearing date has been set for Sept. 6, 2016 in the Vancouver Law Courts where a judge alone will hear the case.
If the SCRD wins the court case, the regional district expects to recoup all of its repair costs and legal fees and be awarded other damages as well.
Bauman noted the Sechelt Aquatic Centre is in good shape now and SCRD chief administrative officer Janette Loveys said that, thanks to the repairs, it’s a safe, fun place for Coasters to recreate.
“Staff are doing an excellent job in providing the service. I actually go and participate. I love the pool. It’s fantastic,” Loveys said.
“So from that perspective we’re doing everything we can to make sure that the facility is well managed. Is there some other additional work that needs to occur? Yes, but that’s normal practice.”
