This article was updated Monday to include a quote from Mayor-Elect Russ Arnott.
There’s renewed hope that the fate of famous Comox naturalist Hamilton Mack Laing’s public trusts and his heritage home, called Shakesides, might be settled out of court.
Over the objections of the Town of Comox, B.C. Supreme Court Justice Douglas W. Thompson recently granted the Mack Laing Heritage Society intervenor status in a case to alter the late naturalist’s public trust.
The town applied to the court in 2017 to change Laing’s trusts so it can demolish Shakesides and use the money and property Laing left the town for other purposes. The Mack Laing Heritage Society (MLHS) has opposed the town’s application.
In a court hearing Oct. 16 in Nanaimo, Justice Thompson said he thought he had given clear instructions to the town and the BC Attorney General in mid-April to sign a consent order allowing the MLHS to present their evidence “with no restrictions” at trial.
The town has refused to sign several versions of the consent order because they want to exclude much of the MLHS evidence and limit the society’s time before the court.
This time, Justice Thompson directed the parties to sign a consent order, which he framed for them, and instructed MLHS lawyer Patrick Canning to write.
As of today, the Attorney General and MLHS have agreed to the terms, but the Town of Comox has not yet accepted the order as written.
The MLHS hopes Comox will sign the consent order soon. And, now that the municipal election is over, perhaps enter into talks that prevent further costly court appearances.
“We think the court did the right thing in making MLHS (an) intervenor, and if we get to court we have faith that the right thing will happen there as well,” said MLHS President Kris Nielsen.
“However, our true hope is that the new council will work with us instead of against us to realize the terms of Laing’s will, which Comox agreed to when they took his money in trust. To that end we have a business plan and generous support from many construction and heritage professionals.” he said.
Comox Mayor-Elect Russ Arnott has left the door open for talks.
“Given that there is a new council it will be something we will be looking at. I would hope to negotiate a suitable outcome for all parties involved and the community as a whole,” he said.
Read the complete article at Decafnation.