Judge dismisses AAP lawsuit against City of Kamloops; Wunderlich to appeal

In her petition, Wunderlich argued that the City did not meet its requirements to properly notify the public about the two borrowing bylaws. People who were opposed to the borrowing had to submit their opposition to the process between July 30 and Sept. 13 of last year, for it to then be put to a full referendum.

“It seems clear from the evidence before the court that those who oppose the bylaw did not garner enough support,” Justice Joel Groves said Friday (Feb. 21), as part of his observations that he said did not directly factor into his ruling.

Groves reserved his decision on Jan. 15 after he heard arguments from Jody Wells, the lawyer representing Wunderlich, and the City’s lawyer Tyson McNeil-Hay.

More than 25 residents were present at BC Supreme Court Friday as Groves announced that he had sided with the City. He stated that Wunderlich failed to establish that the City acted unreasonably when it decided to use its website to let people know about the AAP following the closure of Kamloops This Week in October 2023.

“There was nothing unreasonable about what the City of Kamloops did here,” Groves said.

“They followed the letter of the law as I have noted, and the decision they made as to public notice requirements after the end of newspaper service in the community were decisions that were not inherently unreasonable.”

Groves also noted that the following the closure of KTW, the City made a change to its own procedural bylaw and began to use its website and the notice board at City Hall to post public notices instead of advertising it in KTW and on the notice board.

“Council no doubt bore in mind that not everyone accesses the city website, just like it could logically be concluded that not every citizen in some municipalities would subscribe to a local newspaper,” Groves said.

“And even where here, as in Kamloops, a free newspaper was dropped off at all, if not most doorsteps, every citizen did not necessarily read it, and specifically read it so thoroughly as to review the government notice section, often found deep within the bowels of the newspaper’s classifieds ads section.”

But Groves also noted that the City’s decision to use the AAP to fund Build Kamloops was clearly viewed “with a degree of skepticism and concern” by many. He said it may be a “warning” to council that citizens expect that a referendum should be held for decisions that may result in incurring significant debt or an increase in the tax burden.

While the Province notes that the AAP “may not be appropriate for every situation,” even if it is authorized by legislation, a number of B.C. municipalities – including Kelowna and Prince George have opted to use it to fund new recreational projects.

“I understand the City’s position were they want to get things done and the feel that citizens get in the way but that’s what we are supposed to do,” Wunderlich said Friday. “We’re supposed to give them sober second though and I don’t think they actually had that.”

Costs not awarded

While the City won the case Friday, it was not awarded costs by Groves, meaning both sides are responsible for their own legal bills. Wunderlich told reporters that her legal bill totals around $33,000.

“We’re just average citizens that want our city and our council to be responsive to us and that he recognized that in that the cost would be a burden to us, and the cost of just bringing this,” Wunderlich added. “Like, justice is not easy to obtain for the average citizen.”

Speaking to reporters, Wunderlich also confirmed that she will appeal Groves’ decision, and that she will be defending herself in the matter.

“This cost them a lot more than sending a letter out to the citizens to say, ‘This is what we’re doing, this is what it’s going to cost, and this is what the cost is going to be moving forward,’” Wunderlich said. “People could have made that informed decision, but they took that out of our hands.”

Six Councillors and Mayor Reid Hamer-Jackson were in court Friday to hear the decision. In an email statement, the City said it is “excited to build Kamloops after a favourable court decision.”

“Council has been unanimous in its support of Build Kamloops. It’s unfortunate that the actions of one resident have resulted in additional costs to all local taxpayers to defend a legal, democratic process,” Hall added.

“We look forward to putting this behind us and building the amenities our growing community needs to thrive.”

by Michael Reeve / Victor Kaisar

Judge dismisses AAP lawsuit against City of Kamloops; Wunderlich to appeal

Costs not awarded

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