Northern Development Initiative Trust will be seeking an order to extend the amount of time it has to conduct an examination for discovery as part of its long-running effort to recoup $1.65-million from Commonwealth Campus Corp.
According to a notice of application filed this week at the Prince George courthouse, NDIT is asking for an additional five hours to complete the process for Commonwealth Campus principal Dan McLaren, after using up in September the seven hours it is allowed under Supreme Court Civil Rules.
In the alternative, NDIT is seeking an order that McLaren be examined as a representative of Commonwealth, saying he was originally examined in his personal capacity and not as a representative when the examination was held in September.
On Sept. 16 and 17, an examination was held that added up to seven hours and 11 minutes before McLaren refused to continue and the examination was adjourned.
In November 2012, NDIT launched a foreclosure proceeding over a loan provided to Commonwealth to pay for land assembly in the 400 block of George Street primarily for the Wood Innovation and Design Centre but also for development of the adjacent area.
NDIT originally listed the amount owed at $1.45 million before interest owed but has since raised the total to $1.65 million with interest included. The loan originally totaled $2.9 million but about half was paid back before the proceeding was launched.
Commonwealth Campus responded by fighting the action, alleging it was misled with assurances NDIT would purchase the land or find another buyer.
Commonwealth Campus also alleges then-Prince George MLA Pat Bell urged the company to secure the entire 400 block to prevent speculation that would increase the cost of acquiring the land.
The intent was to use the WIDC to anchor a downtown UNBC campus.
According to the latest filing, NDIT is also seeking an order that, prior to the examination, McLaren inform himself with respect to requests for additional information left on the record at the September examination. Alternately, NDIT is asking that McLaren provide written answers to the requests.
And NDIT wants copies of several documents, including itemized breakdowns of revenue and expenses as a result of the ownership and, in some cases, sale of several properties along George Street accumulated by Commonwealth as well as the Achillion restaurant on Dominion.
NDIT's application is scheduled to be heard by a B.C. Supreme Court master on Jan. 26 in Prince George. Decision pending, NDIT is hoping to have a continued examination on Feb. 3.
A separate but related action between Commonwealth Campus and the BID Group of Companies over a land deal gone wrong remains before the court.
