Municipal Hall

February 7, 2008 / 12:00 AM

Maple Ridge, BC: After a prolonged period of negotiating followed by time in B.C. Supreme Court, the District of Maple Ridge is pleased that its case against Jack Athwal has concluded this week with a ruling in its favour. Athwal was accused of damaging a watercourse in a Development Permit area by dumping dirt into Morse Creek which flows adjacent to his properties on 224 Street. Mr. Athwal's actions involved prohibited materials being released into the creek which the District claimed then led to an obstruction of the waterway and destabilization of the creek's bank and possible habitat destruction.

B.C. Supreme Court Justice Truscott ruled that Athwal had altered his lands at 12175 and 12157 - 224 Street by cutting and removing trees and vegetation and altering the grade of the lands which are covered in Maple Ridge's Official Community Plan Bylaw 5434 without first obtaining the necessary development permit authorizing these changes which is contrary to Section 920(1)(d) of the Local Government Act. Furthermore, Athwal was found to have violated Section 3 of Maple Ridge's Watercourse Protection Bylaws 5807 (1999) and 6410 (2006) when he caused or permitted prohibited material to be released into Morse Creek. He also violated Section 4 of Bylaws 5807 and 6410 due to the obstruction that resulted from dumping materials into the creek. A court order was issued requiring Mr. Athwal to stabilize and restore his lands within the Development Permit Area and Morse Creek to their condition prior to the breach and to complete all of the work by June 15 of this year.

"Council is extremely pleased with this outcome," said Mayor Gordy Robson. "We would rather have not taken this type of action but we needed to and will do so again in future for similar cases if necessary."