Judge dismisses AAP lawsuit against City of Kamloops; Wunderlich to appeal

KAMLOOPS — The City of Kamloops has won its legal battle against Kathrine Wunderlich, as the BC Supreme Court has ruled that the Alternative Approval Process (AAP) will stand.

The AAP was used by the City to gain public approval to borrow up to $275 million for the performing arts centre downtown and the arena multiplex in Dufferin as part of the first phase of Build Kamloops.

In her petition, Wunderlich argued that the City did not meet its requirements to properly notify the public about the two borrowing bylaws. People who were opposed to the borrowing had to submit their opposition to the process between July 30 and Sept. 13 of last year, for it to then be put to a full referendum.

“It seems clear from the evidence before the court that those who oppose the bylaw did not garner enough support,” Justice Joel Groves said Friday (Feb. 21), as part of his observations that he said did not directly factor in his ruling.

Groves reserved his decision on Jan. 15 after he heard arguments from Jody Wells, the lawyer representing Wunderlich, and the City’s lawyer Tyson McNeil-Hay.

More than 25 residents were present at BC Supreme Court in Kamloops as Groves announced that he had sided with the City. He stated that Wunderlich failed to establish that the City acted unreasonably in making the decision to use its website to let people know about the AAP following the closure of Kamloops This Week in October 2023.

“There was nothing unreasonable about what the City of Kamloops did here,” Groves said.

“They followed the letter of the law as I have noted, and the decision they made as to public notice requirements after the end of newspaper service in the community were decisions that were not inherently unreasonable.”

Groves noted that the following the closure of KTW, the City made a change to its own procedural bylaw and began to use its website and the notice board at City Hall to post public notices instead of advertising it in KTW and on the notice board.

“Council no doubt bore in mind that not everyone accesses the city website, just like it could logically be concluded that not every citizen in some municipalities would subscribe to a local newspaper,” Groves said.

“And even where here, as in Kamloops, a free newspaper was dropped off at all, if not most doorsteps, every citizen did not necessarily read it, and specifically read it so thoroughly as to review the government notice section, often found deep within the bowels of the newspaper’s classifieds ads section.”

While the City won the case, it was not awarded costs by Groves, meaning both sides are responsible for their own legal bills.

Speaking to reporters after the ruling, Wunderlich said she will appeal appeal the decision, and that she will be defending herself in the matter.

“I understand the City’s position were they want to get things done and the feel that citizens get in the way but that’s what we are supposed to do,” Wunderlich said. “We’re supposed to give them sober second though and I don’t think they actually had that.”

City Councillors did not provide comment following the ruling other than to say they were pleased with the decision and plan to have more to say at a later date.