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City unaware of civil suit

Vernon: City named as plaintiff in civil suit file; says it didn't file the claim and knows nothing about the suit
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The City of Vernon has been named as plaintiff in a civil claim suit against those who ran the New Delhi Indian Restaurant in a city-owned building on 29th Street. The premises were significantly damaged by fire in December 2009. The city says it was unaware of the suit and did not file it.

Named as plaintiff in a civil suit file is news to the City of Vernon.

The city became aware through media reports that it has been named as plaintiff in a civil claim suit filed in B.C. Supreme Court against the New Delhi Indian Restaurant, a sole proprietorship owned by Saffron Touch Indian Restaurant.

New Delhi, Saffron, three individuals and a John Doe have been listed as defendants in the suit.

The city owns the building that housed the New Delhi Restaurant in the 2900 block of 29th Street.

“The city has not filed a civil suit against the proprietors of the former New Delhi Indian Restaurant,” said administrator Will Pearce.

“The city became aware of an action through the media. We understand the city is named as plaintiff. The action may have been filed by an insurer. The city has no intent to be part of the action unless called as a witness.

“The city has consulted our solicitor for advice and direction.”

A fire heavily damaged the business in the early morning hours of Dec. 9, 2014.

Vernon RCMP said at the time the fire’s origin appeared “suspicious in nature.”

The claim points the fingers at the defendants, and is seeking general damages, costs, interest and “such further relief as this honourable court deems just.”

None of the allegations have been proven in court.

No date for a hearing on the matter has been set.

The business never reopened.

The city is slated to tear down the building and replace it with a paved parking lot.