Even if the court cases involving the City of Prince Rupert are settled, Sun Wave Forest Products said it may have control over the sale of the property.
“WatCo has, itself, indicated to Sun Wave directly that a number of pre-conditions to acquisition remain unfulfilled and at least one, the acquisition of 'Lot 4', remains in the complete control of Sun Wave, the registered owner of Lot 4,” reads a court filing in response to the City's request that the Certificates of Pending Litigation (CPL) on the former pulp mill site be lifted.
“The City has not shown that the acquisition of the lands by Watson Island Development Corporation (WatCo) would otherwise proceed but for the presence of the CPL on the lands.”
As for the City's claim of hardship - which include being financially liable for any chemical spills – as a result of the ongoing court case, Sun Wave said the City simply hasn't demonstrated that is the case.
“Evidence of hardship must be more than general allegations of inconvenience but include particulars that demonstrate real hardship... The City has not, on this application, established that it is experience hardship and inconvenience that is casually connected solely to the registration of the CPLs,” it reads.
Furthermore, with the question of the land and the equipment set to be heard early in the new year, Sun Wave said lifting the CPLs would effectively end any usefulness the hearings may have when it comes to damages awarded to Sun Wave.
“Because damages cannot be obtained in a judicial review proceeding, an order cancelling the CPLs registered against the lands in the context of this application would, in effect, preclude Sun Wave from proceeding with its judicial review as the only relief available to it, the return of the lands, will have been denied,” it reads.