A lengthy dispute between the City of Coquitlam and a homeowner landed back in court recently.
After having been found in breach of several City of Coquitlam bylaws including leaving excavation debris on city land, Rodney Daniel Dick asked the B.C. Court of Appeal to set aside all orders relating to his Pipeline Road property, according to a recently released court judgment.
Despite advancing “no viable argument,” the appeal was allowed. However, the appeal was only granted in order to delete one term of the previous order, according to the judgment written by Justice Gregory Fitch.
“In essence, he is attempting to use this appeal to relitigate issues that have long since been resolved against him. As has been explained to the appellant on past occasions, he cannot do so,” Fitch wrote.
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Dating back to 2010, Dick’s dispute with the City of Coquitlam revolved around his effort to develop the property. The city denied permits, citing the stability of the slope on the property, according to a previous decision.
Denied permits to build, Dick took the city to court several times, resulting in five of his appeals being dismissed.
In 2018, Justice A. Saunders denied Dick’s request to file a petition, writing: “There is a lengthy narrative in the draft petition, but it is prolix and disjointed.”
Dick was previously found to have excavated the site in ways that blocked a public roadway, removed trees, soil and gravel, and left excavation debris on city land without a permit, according to the judgment.
In 2019, the city was granted an interim injunction stopping Dick from developing on the property without a permit. The injunction was later made permanent.
Dick “exhausted his appellate remedies,” according to Fitch.
“I cannot identify any argument advanced by the appellant that could possibly justify interference with the sole order that is the subject matter of this appeal,” the justice wrote.
Fitch added that he would order the City of Coquitlam be entitled to costs.
