After reading Jake Kimberley’s letter to the editor (Penticton Western News, May 4, Why doesn’t the city settle?), I cannot help but reply.
He is listed with Save Skaha Park (SSP) as an “advisory group” member, but even after I personally met with other “advisory group” members over the winter months and told them ways to proceed in Supreme Court actions, according to the rules of court, this “advisory group” still does not even follow these rules and bring this matter to a close.
The SSP has had over six months to follow their notice of civil claim filed Sept. 25, 2015, that states, in part, “judgement may be pronounced against you if you fail to file a response to civil claim within the time for response to civil claim.”
The time allowed in Canada is 21 days after service, that would be near the end of October, 2015. Most people with a little knowledge of courts know that when a court judgement is issued by a judge, most judges will not overturn this court judgement without strict legal proof that there was an error.
SSP should forthwith proceed with this court judgement and bring this matter to a close. It is up to Save Skaha Park, by bringing on this civil court action in a judges chambers hearing within two weeks.