Sun Wave Forest Products is asking the courts to demand the City of Prince Rupert turn over any and all correspondence and notes from discussion about the possible sale of the Watson Island site through a tax sale in 2009.
After taking possession of the old pulp mill site in September of 2009 the City announced in December that it had received six offers that met the advertised criteria but chose not to accept any of the offers. Sun Wave did submit an offer to purchase the land but says the City notified the company that they had chose not to accept the Sun Wave offer because it did not meet the advertised criteria. Sun Wave, however, argues that "the offer conformed with all of the Plaintiff's advertised criteria".
According to papers filed with the Supreme Court of BC on May 26, Sun Wave says getting the information about what the other six accepted offers to purchase Watson Island included is important to the case, even though the City's lawyers say it is irrelevant.
“Notwithstanding the fact that the Plaintiff's claims in the within action raise issues with respect to whether the sale process of selling the Lands was conducted in bad faith and discriminated against the Plaintiff, the Defendant has refused to produce all documents relevant to this issue, including documents related to the Offers to purchase the Lands, any discussions, meetings, conferences or other communications in regard to the offers and the defendant's process of putting the lands for sale from December 2009 to present and any discussions, meeting, conferences or other communications conducted amongst the Defendant's employees, representatives and agents in regards to the Defendant's dealings with the Plaintiff for the period from February 2008 to January 13, 2010,” reads the filing, which also indicated a request for the documents was sent as recently as May 10, 2011.
“In a letter from the Defendant's counsel to [Sun Wave counsel] Mr. Katzalay dated May 18, 2011, Defendant's counsel informed Mr. Katzalay that the Defendant had produced all relevant documents in its possession regarding the Defendant's dealings with the Plaintiff and that the various offers to purchase the land were not relevant.”
Sun Wave is asking the court to order the City to turn over those documents by June 14, and that the two actions involving Sun Wave and the City of Prince Rupert that were to be heard on June 15, 16, 22, and 23 be reset to no earlier than this September.