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Anvil on someone else’s land?

When it opened two years ago, the Anvil Centre was intended to be the cultural hub for New Westminster. Now the facility is also the subject of a lawsuit by a developer. According to a statement of claim filed in B.C.
Anvil
According to a statement of claim filed in B.C. Supreme Court, Fortua Development Corporation is suing the City of New Westminster over the construction of the Anvil Centre.

When it opened two years ago, the Anvil Centre was intended to be the cultural hub for New Westminster. Now the facility is also the subject of a lawsuit by a developer.

According to a statement of claim filed in B.C. Supreme Court, Fortua Development Corporation is suing the City of New Westminster over the construction of the Anvil Centre.

The company, a registered owner of a property at 37 Eighth St., claims that, in September 2014, the city built a structure on the land without Fortua’s knowledge or consent.

Court documents list the lot as Block G Merchants Square Plan, which was the name used by the city to describe the Anvil Centre before it was built.

A city map from July 2012 shows the piece of land at 37 Eighth St. directly beside the back of the Anvil Centre at 777 Columbia St.

The lawsuit claims there has been a series of communications between the company and the city since the construction of the building.

In 2014, Fortua said it exchanged “numerous emails” with the city where it was advised of the encroachment and demanded a remedy from the municipality.

On Jan. 18 of this year, the company said following attempts to pay only a “nominal amount for the ongoing trespass,” the city gave notice that it intended to expropriate an interest in the lands and gave an expropriation notice.

At the end of March, the suit claims the city delivered a certificate of approval for the expropriation of the lands.

On June 21, the company said a survey was conducted that confirmed the trespass by the city on the lands.   

“Despite demands to vacate the property, the city has remained on the property and has failed, refused or neglected to vacate same since September 2014 without lawful excuse and in total disregard to Fortua’s ownership of, and interest in, the lands,” the lawsuit states.

The company said it has suffered a loss of profit and opportunity and is seeking an injunction restraining the city from trespassing on the land and an order compelling the municipality to remove the structure.

Fortua is also seeking special and punitive damages.

“The city acted in a high-handed manner and in total disregard of Fortua’s rights of ownership by knowingly trespassing and building a structure on the lands and then retrospectively seeking to settle or expropriate,” the lawsuit stated.

The suit claims the city’s conduct is oppressive and constitutes an “abuse of the extraordinary power of expropriation.”   

The city has yet to file a response to the lawsuit, and none of the allegations have been proven in court.

The law firm representing Fortua told the Record it couldn’t comment on the case, while the city’s chief administrative officer, Lisa Spitale, didn’t respond to a request for comment.   

The $40-million facility opened its doors in September 2014.   

Anvil Centre is home to the Canadian Lacrosse Hall of Fame, a Tourism New Westminster kiosk, a state of-the-art theatre, a conference centre and a number of cultural spaces where a variety of programs are offered.