Former Thetis Cove developer sues View Royal

In an email, View Royal’s CAO Kim Anema stated the matter is before the courts and “will be vigorously defended.”

Thetis Cove’s former developer is suing the Town of View Royal for actions he claims brought about the financial ruin of his company, himself and his family.

Kevin Weaver, president of Thetis Cove Estates Ltd., is, through the company, accusing View Royal and Mayor Graham Hill of not coming through with promises made during Weaver’s attempt to develop the Thetis Cove area between 2000 and 2008.

The initial claim was filed in Nov. of 2010.

An affidavit claims the town and Hill promised throughout the development application process to secure a crossing to the property, at 140 Hallowell Rd., over E&N railway tracks.

The corporation purchased the property in 2004 satisfied the rezoning of the property would go as planned, and with the access required. The town even repaved the crossing in 2003.

During this time company spent $17 million on the site and the affidavit states profit on the project could have totalled $40 million. The stalled plans and lack of an agreement resulted in the project failing, the affidavit states.

“Thetis was ruined after (the Town of View Royal) failed to provide the railway crossing it had promised,” reads the affidavit.

Thetis Cove’s lawyer, Peter I. Waldmann, couldn’t speculate on why the town never came through with the crossing, but said a promise was made. The question before the courts, Waldmann said, is at what point is the town accountable for its word.

“Thetis Cove says that the mayor and the town promised to give them a railway crossing across the E&N tracks and they just kind of never did it,” said Waldmann. “At what point does a promise mean something, at what point is it just fluff.”

In an email, View Royal’s CAO Kim Anema stated the matter is before the courts and “will be vigorously defended.” The town declined to comment further at this point.

As a result of the project falling through, Weaver declared bankruptcy in Sept. 2009, the affidavit states. His wife also declared bankruptcy and they lost their home and its equity. They now rent the house they once owned.

The affidavit states Weaver’s daughter was forced to drop out of college due to the family’s financial problems and now works at a grocery store. His two sons both left school in 2009 and became labourers.

With no credit and the failure of the project to his name, Weaver has no means to kickstart his career as a developer. After the project’s collapse he took a job as night watchman at Russell Farms for $10 per hour, before taking a job as a gas station attendant. He now works in mobile homes sales and had an income of $24,234 in 2012.

According to the document, the defendants have responded with a “bare denial” to the accusations.