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Volume 20, No. 22
Legal and financial grenade tossed into Maple Pool case By Philip Round Echo Staff
Greg Wesson (right) discusses the latest developments in the case with Maple Pool Campground owner Jin Lin.
‘I do not want to be homeless again’ Greg Wesson’s story - in his own words By Philip Round Echo Staff Greg Wesson has lived in a fifth-wheel trailer at Maple Pool Campground for seven years. He bought it with insurance money he got after both his legs were crushed in a motor vehicle accident. Wesson (58) continues to have both physical and mental health issues that prevent him from working, so he receives a monthly disability payment from the government of $906 a month. He has no other assets or source of income. Now Justice Robin Baird in the Supreme Court of BC has ruled he can become a key part of the case where the City of Courtenay is pursuing enforcement action against the campground for not being in compliance with current zoning bylaws. If the City is successful, it could see the site shut down and more than 50 vulnerable resi-
dents - including Wesson - left with finding somewhere else to live. Although the City’s case is not against Wesson personally, lawyer Lee Mayzes, acting on his behalf and without cost to him, has now been given permission to intervene to demonstrate the potential human impact of the City’s position on residents of Maple Pool. Here is Greg Wesson’s story - in his own words: “Prior to living at Maple Pool, I was homeless for at least five years. I found being homeless to be extremely difficult. “Although at times I was able to sleep on friends’ couches, I mostly lived outdoors in a tent near the Puntledge River. In this climate it was very difficult to stay warm and dry; it was also very hard to obtain and cook proper food. (Continued on page 2)
The Supreme Court judge in the Maple Pool Campground case has tossed a legal and financial grenade into the proceedings. And last night Courtenay City Council was holding an ‘in-camera’ session with the press and public excluded to consider what to do next. In a judgment handed down by Justice Robin Baird in Vancouver, an application by two campground residents to be added as defendants in the case of the City of Courtenay versus site owner Jin Lin was granted. And that could be highly significant, as the lawyer representing the two, Lee Mayzes, is building her case on constitutional grounds. She argues the residents’ Charter rights would be violated if the City wins its case and enforces its zoning bylaws, depriving vulnerable people of their homes. The case is no longer as straightforward as it once seemed to be, and could continue for months or even years until it is resolved - and rack up legal bills for City taxpayers way in excess of the six-figure sum already incurred. And as well as allowing residents Greg Wesson and Ross Osmond the right to intervene, the Judge has also ruled they are entitled to costs to date. In Justice Baird’s reasons for judgment, he says that while many years ago Maple Pool operated as a campsite in the more traditional sense of a vacation location, “the evidence suggests pretty plainly that, in recent times and certainly since well before the defendant (Jin Lin) purchased it - it has become a de facto low income housing project.” He adds: “I gather that if the campsite is shut down, the homeless population in Courtenay will double overnight.” The bylaw cited by the City in its injunction against the site came into force in 2007 “some 12 years after the defendant purchased and took over operation of the campsite.” That bylaw prohibits the occupation of
‘They are looking to rip the place apart and get rid of everybody’ - Lawyer Lee Mayzes
‘I gather that if the campsite is shut down, the homeless population in Courtenay will double overnight’ - Judge Robin Baird mobile homes or trailers as dwelling units or sleeping quarters anywhere in the municipality except sites specifically zoned for the purpose. Maple Pool did not have such zoning. There has been much debate - even among elected officials - about whether the council’s legal action was actually intended to force the closure of the campground and result in the effective eviction of the tenants. Some suggested a lesser impact was intended, especially since the Council invited Lin to submit a rezoning application. But the judge appears to be in no doubt. He notes the City is seeking six orders against Lin, and they include not only “to permanently cease using the property as a campground” but also “to remove from the property all campground sites, all mobile homes or recre (Continued on page 2)
Elderly resident overwhelmed by upwelling of support Anonymous citizen refills heating oil tank emptied by thief By Drew A. Penner Echo Staff A flame has been rekindled in the home of Christina Cox as donations poured in over the past few days and an anonymous citizen stepped up to the plate to pay for the full cost of refilling a heating oil tank emptied by thieves. After her story appeared in Friday’s edition of the Echo, about 10 readers picked up the phone to inquire about what they could do to make certain the famed basket weaver won’t have to work and sleep in the cold. Through the pouring rain Saturday a Columbia Fuels driver showed up at Cox’s home on 11th Street in Courtenay to fill up her tank, after a
woman who didn’t want her identity known preauthorized a credit card payment of $1,500 to ensure the 81-year-old had fuel. “It made me feel good because I didn’t expect it,” said Cox, with a big smile on her face at home Monday. “A warm place is better than cold to work.” In addition to the anonymous donor, Courtenay Baptist Church and Northgate Foursquare Church each pitched in $200 while an additional donor gave $500. The Comox Valley RCMP were called with a report of oil theft at her home Feb. 27, once Cox discovered it had vanished, after spending a month dealing with the aftermath of a heart attack. “When she returned she noticed that all her oil was missing,” said RCMP detachment spokesperson Don Sinclair. “We also received another report from a gentleman on the 4700 block of Headquarters Road. He was expecting an order of fuel oil for 200 L and he was surprised to find that he needed 1,000 L to fill it.” (Continued on page 2)
Christina Cox, 81, examines the new lock on her heating tank cap as daughter Samantha Christiansen smiles, content her mom has now been looked after.