North Cowichan councillor and developer Bruce Findlay was not ‘exonerated’ by BC Court of Appeal.
I write in regards to Robert Barron’s article of Aug. 26, 2024, in The Citizen: ‘North Cowichan councillor Findlay wins appeal of court case’
The article states that the BC Court of Appeal “exonerated” Bruce Findlay by dismissing an earlier BC Supreme Court ruling against him in 2023.
That’s not the case — and here’s why.
In a news release after last month’s Appeal Court decision, it is Findlay who wrote that the Appeal Court had “exonerated” him.
One can perhaps understand Findlay wanting to put the best spin on the decision, but that does not make it so.
The Appeal Court makes no mention of exoneration.
The court only determined that a Ladysmith strata corporation did not have standing to launch the lawsuit. The court did not give an opinion on the merits of the case. In fact, the Appeal Court judgment specifically stated that this is not to say that purchasers of units are without a remedy — they can bring their own action or bring a class action.
The Appeal Court based its decision on a specific legal point and did not address other issues, including the issue of misrepresentation, raised in the Supreme Court lawsuit brought by the strata corporation.
In ruling that the strata corporation had no legal right to sue Findlay under a specific legislation, the Appeal Court concluded: “It is thus not necessary to address any of the remaining issues raised by the parties.”
Larry Pynn
Maple Bay
