An application seeking to have a lawsuit brought against BCR Properties Ltd. by lumber manufacturer John Brink dismissed will be the subject of a hearing at the Prince George courthouse next month.
The hearing, set for Oct. 6, will also consider whether Brink should post nearly $79,000 in security for legal costs should the case over a land deal gone wrong be allowed to proceed.
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.
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 .
