In November of 2023, the Ladysmith Maritime Society (LMS) launched legal proceedings so as to continue operating their Ladysmith Community Marina on the leased water lot at Ladysmith, BC.
Background. Since 2009, the Ladysmith Maritime Society had a lease agreement with the City of Ladysmith to operate their Ladysmith Community Marina on the water lot at Ladysmith through 2029. The BC Province cancelled the lease in 2022 with the City, and the City of Ladysmith subsequently abandoned the sublease with the Ladysmith Maritime Society (LMS). In March 2022, the BC Province issued a new water lot lease to the Stz’uminus First Nation Coast Salish Dev. Corp. via a Reconciliation Agreement. The new lease with the First Nation includes a requirement that the marina occupying the said water lot at Ladysmith is to be kept in operation. LMS was asked by the City of Ladysmith to vacate the water lot by the close of 2023.
LMS’ Request for an Injunction. During 2023, LMS filed for an injunction with the Supreme Court of British Columbia – a request for a judicial order to restrain action that would threaten their legal rights. As the plaintiff in the case, LMS had to meet the “Injunction Test” by establishing the following three elements:
- There is a serious question to be tried or a strong prima facie case
- There is risk of irreparable harm; and
- The balance of convenience supports granting an injunction
The judge in the case agreed that the first two requirements of the injunction test were met but not the third requirement, therefore, the injunction application has been refused. To read the full Legal Summary submitted by the judge, click HERE. Items 86-90 and items 94, 96, and 97 are of particular interest. See items 102 and 103 for the conclusion.
The Ladysmith Maritime Society has submitted a letter to its members and supporters, which reads in part as follows:
As we transition into the new year, we wanted to reach out to all of you with an update on recent developments within the Ladysmith Maritime Society (LMS). Despite facing a setback in our legal challenge for an injunction, we believe in moving forward with optimism and resilience. On a separate note, we are currently in the process of relocating LMS artifacts, displays, and chattels from the Welcome Centre to a secure storage facility. This strategic move ensures the preservation of our cherished maritime collections while we work diligently to secure future moorage for our floating assets. As we embark on the journey into 2024, we extend our warmest wishes for a year filled with positivity, growth, and success. Despite the challenges, we believe that the Ladysmith Maritime Society will continue to flourish with the collective efforts and enthusiasm of our members – Marnie Craig, President
Next Steps. “Who owns the assets?” is an on-going legal matter. The BC Province is claiming that LMS assets (docks and buildings) now belong to the province. LMS reports that they have filed a Civil Suit to establish that the assets belong to LMS and that there has been a breach of contract. The previous License Agreement between LMS and the City of Ladysmith allowed LMS to occupy the water lot with their assets and operate their marina until the end of 2029.
LMS feels that they have a strong case and will keep the public informed of the latest developments on the LMS website. LMS asks for your continued financial donations to meet on-going legal costs. “With your support, we can look forward to the future with optimism.” Those who wish to provide their support can donate to the LMS Legal Fund HERE
Moorage for Recreational Boaters. The Coast Salish Development Corporation reports that they are currently operating the marina on the subject water lot at Ladysmith, to be called Oyster Bay Marina. They offer both guest and permanent moorage, along with services that were previously provided by LMS. The Coast Salish Development Corporation can be contacted at 250-924-2444.
This is the situation as we know it today; however, given recent events, things can change at any time, keeping in mind that there is still an on-going legal battle. We will provide our readers with updates as we learn them.
