I find comments by Phil Le Good and Peter W. Rusland amusing about the ongoing legal actions in regards to GAIN’S racetrack on the Cowichan Valley Highway 18.
Before making comments, how about do some research to the topic instead of spreading propaganda which seems to be the norm these days. They both comply that the latest decision should be the end of this legal battle.
How so? GAIN can request a civil suit.
Google “North Cowichan wins appeal in motorsport track dispute.” Click on article written by Discourse. Scroll down and click on “release the judgement.”
This article explains in detail of what has happened from day one. A must read to all readers before making comments.
GAIN applied to North Cowichan with its application to build a motorsport track. Dave Devana, North Cowichan’s CAO, said that the application would be approved as it meets North Cowichan’s bylaws in regards to land issue use.
GAIN also said that it would be building a second phase after the first phase of construction was completed. Devana says OK, but GAIN would have to go through the normal application process again in regards to required paperwork.
On Nov. 4, 2015, Devana gives the go-ahead in approval. GAIN spends $36 million to complete the first phase of the race track.
In March 2017, Devana resigns from his job from North Cowichan. Financial statements show that he was paid a taxpayer funded salary of $193,485 in 2016 and $224,119 in severance pay after quitting his job in March 2017.
No one knows the true reason of why Devana quit his job. A human resources review was conducted, and after the completion of the review he quit his job. Speculation is that he was told to resign by North Cowichan council. No truth to the speculation.
There was public outcry at the time for the reason why Devana left his job. The mayor at the time was Jon Lefebure and publicly stated the reasons are totally confidential. North Cowichan councillors at the time were: Rob Douglas, Tom Walker, Al Siebring, Kate Marsh, Maeve Maguire and Joyce Behnsen.
Devana quit his job with no other job to go to. In October, 2017, he began work as CAO of Cochrane, Alberta and quit that job in February 2020. If Devana left the North Cowichan job on his own, then why all of the silence from North Cowichan council.
Devana while employed as director of finance with the District of Sooke had a red flag after the yearly audit was done. Auditors found that Devana took a personal trip to China and paid for the trip using a District of Sooke credit card.
Why would North Cowichan still hire him?
Devana’s present job is president of the Nanaimo Airport Commission, his 10th employer since 1985.
Now come to the application process for Phase Two, GAIN has to deal with North Cowichan’s director of building and planning Rob Conway after Devana’s departure.
Conway goes in the exact opposite direction of what GAIN was told by Devana on Phase Two construction, thus further court action.
A denial by North Cowichan for Phase Two expansion, yet North Cowichan gladly accepts $150,000 from GAIN in annual property taxes.
I have reviewed financial statements for North Cowichan and general accepted accounting principles state that all legal fees must be documented on notes to the financial statements.
Financial statements for years 2019 and 2020 have notes to financial statements in regards to legal fees.
The notes for both years are exactly the same. It reads, “At the end of the year the corporation was involved in a number of legal activities, the outcome of which are indeterminate at this time. The corporation carries liability insurance with a current deductible of $25,000.”
You would think legal fees from 2019 would have been known by now, and a notation made in brackets showing that figure in the 2020 notes. As a retired controller, I say legal fees are being kept confidential from North Cowichan property owners.
I had to supply all legal fee invoices to our auditors at my place of employment.
In summary, this legal battle is not over. GAIN was given the OK on both phases of construction, spent $36 million on construction of Phase One and have been paying annual property taxes. They need to know why there was a complete turn around on the Phase Two application.
Al Siebring will be leaving the Cowichan Valley at the end of his term to live in Alberta.
When further court action begins, will Al be required to come back to Duncan? If so, is North Cowichan going to cover his travel expenses?
Joe Sawchuk,
Duncan