Letter: Phoenix site dangerous, shouldn’t be explored

Mr. Schlichting has no valid reason to be there and has been advised not to trespass on lands within the boundary, writes Ellen Clements.

Re: Map doesn’t show what Nadina owns” Frank Schlichting April 27, 2016.

What Mr. Schlichting appears to be stating is that we have misrepresented ownership of the property and that we do not have the right to request he refrain from entering onto and into our Crown granted lands.

He states our maps are incorrect in that many of the properties we claim to own have reverted to the Crown. Question—on what factual evidence does he make these statements? It does not suffice to state the land is not owned without proof.  LTSA (Land Title and Survey Authority) title shows Kettle River Resources or its associates/assigns as owners.

We provided you a map outlining the private property yet you continue to trespass and in a court of law, we would provide proof.  Mr. Schlichting has no valid reason to be there and has been advised not to trespass on lands within the boundary—on top of or below surface. Ownership of land remains in Land Titles Office to be legally accurate, not the assessment office.

The site is dangerous and should not be visited or explored. There is great risk by defying the request to keep out of the old mine workings and jeopardizing others invited who attend the site at one’s request. Fences have disappeared over the years and signage is removed as quickly as erected. Our map suffices to provide notice, under The Trespass Act, of the property boundaries.

The Trespass Act—exerts and or interpreted by legal counsel, there are two aspects to the act:  “In a trial of a trespass claim, once the plaintiff shows that the defendant has trespassed, it is up to the defendant to show that his interference took place without negligence or intent.”

“Where the defendant’s actions were fraudulent, willful or so wholly disrespectful of the property owner’s rights as to be an affront to the reasonable person, the court can award punitive damages. The cases talk about “wanton and defiant conduct and insults”; “action going beyond inadvertence, mistake, oversight, or misunderstanding”; “arrogance and unconcern”; “acting callously.”

Punitive damages can be significant compared with the usual amount of damages available in a case of trespass. Punitive damages can be $1,000, $5,000 or in one case $25,000—a figure that in the mind of the judge is a sufficient punishment for the callousness of the trespasser.

“The Trespass Act requires that property be posted according to the Act. The tort of trespass does not require posting, although it does require some act of possession sufficient to alert the trespasser that he might be on land in someone else’s exclusive possession or ownership.”

Penalty or Remedy. “The Trespass Act penalty is a fine or imprisonment imposed by the provincial government through the courts. Any fine is paid to the government. If one sues another in trespass, the remedies available are financial compensation for the damage suffered, and possibly punitive damages and an injunction.”

Procedure. “The Trespass Act is a criminal-like procedure where the Crown prosecutors or police pursue the case against a person accused of trespass. An individual claims against another for the tort of trespass by starting a lawsuit, with all its inherent frustrations, delays, formal proof requirements, and cost.”

Legislation under the Mines Act and Health and Safety Codes is another matter and if necessary will be relied upon.

– Ellen Clements, Kettle River Resources Ltd.

 

 

Just Posted

Kaslo bus fueled by vegetable oil to begin service next month

Mountain Man Mike’s will run routes to Vancouver and eventually Edmonton

Grand Forks woman lays wreath at grave of local soldier buried in England

Cpl. Alfred Gyde Heaven lied about his age to enlist in the Canadian army in 1916

The quirks and perks of living in England

From Grand Forks to Great Britain: Kalyeena Makortoff on becoming a U.K. permanent resident.

One year later, I know we’ll be okay

‘Collectively, we can’t afford to be complacent, nor can we afford for our leaders to be.’

Interior Health study offers take-home drug testing kits to spot fentanyl

Interior Health to evaluate safety of at home drug testing kits aimed at reducing fentanyl overdoses

UPDATE: B.C. pilot killed in Honduras plane crash

The crash happened in the Roatan Islands area, according to officials

‘Teams that win are tight’: B.C. Lions search for chemistry at training camp

The Lions added more than 50 new faces over the off-season, from coaching staff to key players

Rescue crews suspend search for Okanagan kayaker missing for three days

71-year-old Zygmunt Janiewicz was reported missing Friday

B.C. VIEWS: Reality of our plastic recycling routine exposed

Turns out dear old China wasn’t doing such a great job

Carbon dioxide at highest levels for over 2.5 million years, expert warns of 100 years of disruption

CO2 levels rising rapidly, now higher than at any point in humanity’s history

B.C. ferry stops to let black bear swim past near Nanaimo

Queen of Oak Bay brakes for wildlife in Nanaimo’s Departure Bay

Mother dead, child in critical condition after carbon monoxide poisoning at Shuswap campground

The woman was found unresponsive insider her tent and the youth was taken via air ambulance to hospital

Canada’s parole officers say correctional system has reached breaking point

About half of Canada’s federal parole officers work inside penitentiaries and correctional institutions

Montreal researchers create audible hockey puck for visually impaired players

Three years ago, Gilles Ouellet came up with the idea for a puck that makes a continuous sound

Most Read