An application seeking to have lumber manufacturer John Brink's lawsuit against BCR Properties Ltd. dismissed has been struck from the list, according to court records, and a hearing on the matter that was set for Monday was canceled.
Brink said that BCR counsel pulled the application because it wanted a different judge than B.C. Supreme Court Justice Ron Tindale to hear the matter. At one point prior to becoming a judge, Tindale had worked with lawyer Dick Byl, who is representing Brink.
"But that was four years ago and my understanding is that in the last couple of years in particular, Byl has been in front of him on a number of occasions," Brink said. "To put in question the integrity of a Supreme Court judge by the government of British Columbia, I find astounding."
Brink is alleging BCR acted fraudulently by trying to hide the true state of the land on which he had intended to build a new sawmill complex, a 100-acre site in the BCR industrial area where the old Netherlands sawmill once sat.
Once an offer to lease was executed, Brink started work immediately and within six months had constructed the foundations and the mill's superstructure and had installed a number of machines with the intent to start processing logs by the winter of 2005-06.
But then Brink became aware that the site included a 22-acre landfill, which contained log yard and sawmill residue, heavy and light petroleum compounds, heavy metals, clinker, copper, mercury and zinc, tires "and many other deleterious substances," for a depth of five to 10 metres.
His company filed a lawsuit against BCR in February 2012.
BCR has denied of Brink's allegations, saying in part that Brink knew a portion of the site had previously been used as a landfill and had access to all relevant information regarding the land's condition.
BCR also denied Brink's allegation that it failed to disclose any relevant government orders or environmental reports and in fact, included reports related to neighbouring properties.
BCR also noted a previous lawsuit brought by Brink alleging the Crown corporation breached an option or offer to lease was dismissed by the court.
Brink is seeking costs for remediation and for 15 years of foregone profits from BCR. If built, the sawmill would have generated 150 new jobs, Brink said.
A request for comment from the Ministry of Transportation, which is responsible for BCR Properties Ltd. was not returned Tuesday.
