City close to filing park legal response

The legal challenge filed by the Save Skaha Park Society is still in the works, but progress is slow as they await a response from the City of Penticton.

According to the society, the city and Trio Marine Group have not responded to the Notice of Civil Claim the society filed on Sept. 25 in B.C. Supreme Court. Under normal processes, defendants are given three weeks to file a response.

According to a release issued by the society this week, their lawyer said Trio’s lack of response is not a concern.

“He stresses that what is important is that Trio has been given an opportunity to participate; whether they do so or not is of no material concern to SSPS,” reads the release.

Mayor Andrew Jakubeit said they were granted an extension and are close to being ready to file their response.

“There were several unsubstantiated allegations or assertions made in those claims, and several bullets to those claims, that staff and legal counsel needed time to respond to or refute,” said Jakubeit.

According to the Save Skaha Park release, the city’s legal counsel has been in communication with their lawyer and the society is not objecting to the extension.

“A delayed response by the defendants will not negatively impact the strength of our case, nor will it add to our costs,” reads the release, adding that the society’s advisory group continues research to identify additional evidence to support their claim.