An application to dismiss a lawsuit Commonwealth Campus Corp. has launched against the BID Group of Companies over its refusal to purchase five parcels of downtown land will be heard Aug. 12 in Prince George.
BID is claiming Commonwealth has failed to provide a list of documents related to the case "even after several reminders," according to a court filing and, on that basis, is seeking to have the case thrown out.
According to the filing, BID has complied with Commonwealth's request to provide its own list but a requisite request has not been met. BID had faxed a letter to Commonwealth asking for as much on July 23, requesting they be provided by the end of business on July 26.
But as of July 30, the date the application was filed, they had still not been issued, according to BID's counsel.
In May, Commonwealth filed a civil claim alleging BID had agreed to buy the lots in the vicinity of the Wood Innovation and Design Centre for $4.1 million but after paying a $100,000 deposit BID failed to meet the closing date for completing the sale.
Commonwealth is seeking a court order forcing BID to either live up to the agreement and cover the cost of damages caused by the delay, or to allow Commonwealth to keep the deposit and have BID pay damages for breach of contract.
In a response, BID maintains Commonwealth agreed the sale was subject to the company making the short list of proponents competing to for the contract to construct the WIDC, which did not happen.
BID Group chief executive officer Brian Fehr caused a pre-election firestorm when he said then-Prince George-Mackenzie MLA Pat Bell had promised his company would be on the short list only to be shut out. Bell has denied making such a promise.
Another action related to the project, now under construction at Fourth and George, remains before the courts.
In November 2012, Northern Development Initiative Trust began foreclosure proceedings against Commonwealth over the remainder of a loan issued to finance land assembly in the vicinity of WIDC.
Commonwealth president Dan McLaren has countered that NDIT misled Commonwealth with assurances it would purchase the land or find another buyer and has left the company with land worth significantly less than the price paid.
The lawsuit against BID was filed in Kelowna but BID's request to have the hearing held at the Prince George courhouse was granted. It starts at 10 a.m.
