The next step in the Capital Pointe appeal process took place on Monday morning at a hearing between the City of Regina and Westgate Properties Ltd. in front of the Saskatchewan Building and Accessibility Standards Appeal Board.

The hearing focused on two points, the first being whether or not the appeal board had lost jurisdiction over the appeal, and whether or not the city was able to bring in an engineer to testify at the appeal.

The City issued an order on April 3 for Westgate Properties, the owner of the Capital Pointe development to fill the hole, citing safety concerns surrounding the excavation.

The City initially gave Westgate until April 30 to fill the hole, but Westgate filed an appeal 15 days later.

Christine Clifford, a lawyer for the City of Regina questioned whether or not the appeal board has the jurisdiction to make a decision, since more than 30 days have passed since Westgate Properties filed the appeal. The City added that the delay in the appeal process is not in the best interest of the public or the developer.

According to the City, the appeal process should not go forward. It is arguing that it has the right to fill the hole, as was ordered in April.

The board elected not to rule on the first point on Monday, electing to make a decision after the proceedings were adjourned.

The second point raised at Monday’s hearing was whether or not the city could bring in an engineer as an expert witness for the appeal. Clifford stated that the legal team from Westgate had blocked a motion to bring in the engineer the city had first proposed, but both parties agreed that the city could bring in a different engineer to testify at the appeal.

The appeal dates have been set for July 24 and 25.

At a stay of appeal which was held on May 16, the appeal board heard that Westgate had failed to fix the temporary shoring of the foundation, which could cause danger at the site in the case of extreme weather.

Clifford also said that Westgate had applied for an updated building permit, but said the permit did not include excavation.

The lawyer for Westgate Properties said that said that $14M had been spent on the project to date.

The stay of appeal was ultimately denied by the board.

 

CTV's Karyn Mulcahy is at the appeal.