Second lawsuit filed to preserve velodrome
By Amy Dove - Goldstream News Gazette
Published: November 20, 2008 1:00 PM
A second lawsuit has been filed against West Shore Parks and Recreation and its member municipalities over the proposed destruction of the velodrome facility.
PacificSport Victoria, the Canadian Sport Centre, the Canadian Cycling Association, Triathlon Canada and Cycling BC filed a lawsuit Oct. 28 in support of keeping the velodrome in Colwood open to cyclists. The suit joins one filed by the Greater Victoria Velodrome Association in June.
Both statements of claim say the land is held in trust for residents of the Capital Regional District under the express purpose of operating a velodrome. It also requests an injunction against WSPR to prevent the destruction of the velodrome for its life span.
“They are contributing financially, which is important. It shows a broader value to the velodrome,” said Chris Anstey, GVVA president. “It’s a structure that has national value. It’s not something that is just local.”
The groups took legal action following discussions this summer with the WSPR board to demolish the velodrome and build an all-weather field and stadium in its place. The velodrome was closed to the public in August after a report by Aon Risk Control stated the artificial turf infield is unsafe, although the track is in good shape. The sports groups maintain the facility is a legacy from the 1994 Commonwealth Games and needs to be protected.
“We have a very strong vested interest in this facility, which plays a critical role in the high performance training and sport development of two of Victoria’s higher profile sports. It should not be destroyed until after a replacement facility is built,” said John MacMillan, PacificSport Victoria general manager, in a press release.
The lawsuits are currently in the discovery stage, explained lawyer Peter Lawless who is representing both claims. Both parties have requested to see documents pertaining to the velodrome before the case goes to court. There is no timeframe for how long this stage could last, he noted.
“There is no question that the velodrome itself is in good shape. (WSPR’s) argument really centres around the infield,” he said.
A statement of defence from WSPR and its member municipalities says no “public trust” exists in law to preserve the site. It says West Shore Parks and Recreation has the right to make choices about the use of public assets owned by it if that is the will of the member municipalities.
With the lawsuits and some municipalities not supporting the project there are currently no plans for work at the velodrome site, confirmed Linda Barnes, WSPR administrator.
With municipal elections over there will be changes to appointments on the board and it will be up to them what direction WSPR pursues in regards to the velodrome.
“I think it’s really important to get the new board on and get them orientated,” Barnes said, noting that will happen in January. “Hopefully we will have some direction soon.”
reporter@goldstreamgazette.com




