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Lawsuit dropped against Vancouver Island Motorsport Circuit

Neighbours now look to collaborative approach to noise issues
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A nuisance lawsuit against the Vancouver Island Motorsport Circuit has been dropped. (File photo)

Neighbours of the Vancouver Island Motorsport Circuit have dropped their nuisance lawsuit against the facility.

Six neighbours and the Sahtlam Neighbourhood Association filed the lawsuit in 2017, claiming that noise from the nearby race track test facility had robbed them of the use and enjoyment of their properties, lowered property values and disturbed the peace of their rural residential neighbourhood.

RELATED STORY: NOISE MEETING LESS THAN SUCCESSFUL, SAYS NEIGHBOURHOOD ASSOCIATION

The SNA eventually dropped out as a plaintiff in the case for technical reasons, but remained involved in an advisory capacity for the remaining plaintiffs.

According to a press release from the plaintiffs, the settlement agreement ending the lawsuit was triggered when officials from the VIMC approached them in December asking to settle the matter.

“Although no agreement could be reached regarding acceptable noise limits, the plaintiffs decided that the time was right to move away from a legal solution and towards a collaborative approach at the local level,” the press release states.

As a result, the plaintiffs offered to settle without terms, and the VIMC agreed to waive their costs, including those awarded by the courts in October in a separate lawsuit by the plaintiffs against the VIMC and the Municipality of North Cowichan.

Isabel Rimmer, one of the six plaintiffs and president of the Sahtlam Neighbourhood Association, said much has changed since the lawsuit was first filed.

“In June 2017, we were getting nowhere with the VIMC or the Municipality of North Cowichan and a lawsuit was the only way to bring attention to this important issue,” said Rimmer.

“Since filing our suit, there have been sweeping changes at the municipality in terms of both personnel and the overall attitude towards community consultation, and need for litigation seemed much reduced. While noise from the VIMC continues to be a concern, the SNA acknowledges that the situation has improved somewhat since the track opened.”

In an open letter, Paul Rossmo, general manager of the VIMC, said the organization came to the Cowichan Valley to be part of the community.

He said the VIMC purchased land from the municipality of North Cowichan and applied for a development permit which the court has now said was properly issued.

‘We turned vacant industrial land into a modern vehicle-test facility that pays local taxes, hires local people and has contributed more than $150,000 to local charities of non-profit organizations,” Rossmo said.

“I’m proud that we do everything we can to ensure that everyone at the circuit respects our neighbours and that we are part of the Cowichan Valley community. This process has been very difficult for me because of the personal attacks our staff, customers and the many local non profit organizations we support have endured. The harassment and bullying has to stop.”

RELATED STORY: NOISE MITIGATION TOP OF MIND FOR N. COWICHAN COUNCIL AS IT CONSIDERS VIMC EXPANSION PROPOSAL

The VIMC opened in June 2016, on a 46-acre parcel of land on the Cowichan Valley Highway, and the levels of noise from the facility have led to complaints from neighbours since the beginning of its operations.

In October, the B.C. Supreme Court largely dismissed another lawsuit from the neighbours of the VIMC in which they claimed the track was operating illegally with respect to the zoning bylaws of North Cowichan, which were not being enforced.

RELATED STORY: COURT DISMISSES CASE AGAINST VIMC

The judge in that case ruled that the requests for the court to order that North Cowichan’s land-use and noise bylaws be enforced constituted an “abuse of process”.

The judge also awarded some court costs to the defendants in the case, and those costs were waived as part of the deal for the plaintiffs to drop their nuisance lawsuit.

Rimmer said the settlement with the VIMC is a win for the community.

“We have shown that a small group of area residents can stand against powerful corporate interests and an unresponsive local government and get them to take notice,” she said.

Rimmer said the SNA plans to continue monitoring noise from the VIMC and work with North Cowichan’s mayor and council on collaborative solutions to ongoing concerns.

Meanwhile, she said SNA can move forward with other advocacy work.



Robert Barron

About the Author: Robert Barron

Since 2016, I've had had the pleasure of working with our dedicated staff and community in the Cowichan Valley.
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