Regional District CAO Russell Dyson says a Human Rights Tribunal settlement agreement entered into by the CVRD and Kabel Atwall includes a clause that Area C Director Edwin Grieve did not make any racist comments
Comox Valley Regional District Chief Administrative Officer Russell Dyson issued an official statement Tuesday, Oct. 30, in response to a lawsuit filed by 3L Developments. The lawsuit, which came shortly after the CVRD denied the company’s application to amend the Regional Growth Strategy, asks the court to set aside the CVRD’s rejection among the multiple court orders it is seeking.
In his statement, Dyson reveals that in a settlement of a Human Rights Tribunal complaint, Area C Director Edwin Grieve denied making any racist remarks about 3L executive Kabel Atwall. The agreement, which includes a confidentiality clause, states “Grieve did not make any such comments,” according to Dyson.
The most recent 3L lawsuit claims Grieve did make such comments, which prompted the CVRD to respond.
Here’s the full text of the CVRD’s statement.
“On October 18, 2018 the Comox Valley Regional District (CVRD) was served with a petition to the Supreme Court of British Columbia that was filed by 3L Developments Inc., which is seeking nine court orders linked to the CVRD Board’s October 2, 2018 decision to deny the company’s application for a Regional Growth Strategy (RGS) amendment in order to create a new settlement node.
“The CVRD’s solicitors are actively reviewing the petition and accompanying materials and preparing to defend this claim. The CVRD has been committed to a fair, transparent process for the application and will continue to be respectful towards the court process and applicant’s options moving forward.
“Part of the petition filed by 3L Developments Inc. refers to an agreement that was reached following an allegation made to the Human Rights Tribunal in 2014.
“The CVRD received a complaint in January 2014 through the BC Human Rights Tribunal that Director Edwin Grieve, a CVRD Director, had made racist remarks about Kabel Atwall, 3L Development’s representative. The CVRD entered into a settlement hearing to respond to the allegations.
“Director Grieve refutes the claim that he made any such statement. The CVRD and Kabel Atwall entered a settlement agreement, which included a confidentiality clause and a clause confirming that Director Grieve did not make any such comments.
“Generally speaking, decisions to enter settlement agreements are oftentimes made to minimize spending public funds, come to terms with the individual who may have been impacted, allow the parties to move forward, and focus attention on delivering public services, as opposed to defending against such claims that could cost taxpayers significantly more money than a settlement agreement’s costs.
“The Human Rights Tribunal dismissed the complaint in May 2014. As the agreement contained a confidentiality clause, the CVRD intends to uphold the spirit of that clause and not discuss the matter further.”
How do we make sure 3L gets the message that we just don’t want their development in the Comox Valley? The CVRD has bent over backward to follow due process and by that due process, their application was denied.
The people, through their representatives and also by showing up in large numbers at public meetings, have spoken. Go away and don’t come back.
Does this mean that Grieve is now free to address issues relating to the RGS and 3L Developments, Inc.?
Roger, the settlement agreement remains in place, so I don’t think anything changes. The CVRD has responded to a section of 3L’s latest lawsuit that appears to break the confidentiality clause of the agreement.