Kin track case could be stalled

Equestrian society and City of Vernon are in court over the future of the track

photo submitted                                Okanagan Equestrian Society president Robyn Dalziel stands with lawyer David Goodwin in New Westminster prior to court proceedings over Kin Race Track.

photo submitted Okanagan Equestrian Society president Robyn Dalziel stands with lawyer David Goodwin in New Westminster prior to court proceedings over Kin Race Track.

The fight over Kin Race Track may not get out of the gate.

Court proceedings between the Okanagan Equestrian Society and the City of Vernon were expected to begin Monday, but legal wranglings have delayed the start in New Westminster, and a ruling Tuesday could impact the timeline further.

“The regional district and the city’s lawyers are arguing against our amended statement of claim which brings it up to claim on damages (grandstand fire, stalls),” said Robyn Dalziel, society president.

If a judge accepts the amended statement of claim today, the city could ask for an adjournment of the case.

“We wouldn’t get a court date for years,” said Dalziel.

However, if the amended claim isn’t accepted, the society could pursue an adjournment.

The other option is for the issue of damages to be set aside, and the court case proceed with only a focus on the validity of the contracts between the city and the society.

Dalziel doesn’t want nay further delays to occur.

“We need to go ahead with this case now because our case is being compromised by losing our witnesses (dying),” she said.

The dispute began in 2010 when the society was evicted from Kin Race Track.

The society immediately took the city and the Regional District of North Okanagan to court, claiming equestrian activities were guaranteed when most of the track was turned over for free to the city. The society has also claimed RDNO ignored an agreement for lease renewals.

The jurisdictions, though, have claimed the society hasn’t lived up to its terms of the agreement, including maintenance of the property and holding events.

Mayor Akbal Mund would not comment as the matter is before the courts.