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City seeks court order rejecting gravel miners' claim for damages

Plaintiffs showing "bad faith" by backing out of agreement, City says in filing
gravel operation
Site of a gravel operation at centre of dispute with the City of Prince George.

The City of Prince George is accusing owners of a gravel quarry of reneging on an agreement it says negates an obligation to pay damages for costs allegedly suffered as a result of a city-imposed shutdown of the operation.

On Dec. 9, the city issued a statement saying a legal battle with Rock'n'Roll Aggregates Ltd. and Rolling Mix Concrete (B.C.) Ltd. has been brought to an end with the city backing away from a stop-work order it had issued in October 2020 and conceding that the B.C. Mines Act supersedes the city's soil removal bylaw.

But three days later, an amended notice of claim was file indicating the two businesses are continuing to seek damages for the costs related to the stop-work order for the operation at the corner of Foothills Boulevard and North Nechako Road.

On Friday, the city filed a response saying it had reached an agreement with the two in November that "would resolve all claims including those for damages, expressed in the legal action," only to see a judge reject some unrelated wording.

In turn, the city says the two businesses have refused to endorse the updated agreement and instead filed the amended claim seeking damages.

"This appears to be a situation where the plaintiffs had 'buyers remorse' regarding the settlement agreement and are attempting to use the court's rejection of immaterial points in the consent order to back out of the entire agreement," the city's counsel, Troy DeSouza, says in the application.

"The agreement should be enforced by holding the plaintiffs to the remaining terms of the consent order to which they agreed and rejecting their amended claim for damages."

The city is seeking a court order to enforce the settlement agreement, to strike the amended pleading of the plaintiff or to strike the claim in its entirety, as wekk as special costs. 

"The plaintiffs conduct meets the definition of 'reprehensible conduct' and is deserving of reproof or rebuke. As such, an award of special costs is warranted," DeSouza says.

Rock'n'Roll Aggregates Ltd. and Rolling Mix Concrete (B.C.) Ltd. have not yet filed a response.