Court backs up Lake Country in business licence dispute

It’s rare for a small municipality to refuse to renew a business licence, but that is what happened in Lake Country.

The district was concerned about health and safety issues at the Airport Inn Lakeside.

The motel tried to fight that decision in court. However, the inn’s owner found the old adage is true — you can’t fight city hall.

Earlier this month, a Kamloops justice sided with the Lake Country ruling that it was reasonable for the municipality to refuse to renew the licence.

At issue in the court case was the municipality’s failure to provide motel president Raif Fleinhan with copies of documents until after the February 2017 council meeting where officials decided not to renew the Airport Inn Lakeside’s licence.

That threw into question whether the motel was given a fair chance to defend itself.

However, the justice pointed out Fleinhan could have accessed the necessary information on the district’s website.

“I am, therefore, satisfied that the district complied with its duty of procedural fairness and Raif was given proper notice and opportunity to be heard,” the justice wrote in his reasons for judgment.

The motel’s president said he couldn’t comment on the decision because the case is being appealed. However, the District of Lake Country said it doesn’t know yet whether or not there will be an appeal.

Court documents show a fire inspector at one point found mould, water leaking from the ceiling, broken emergency lights and deficient smoke detectors.

The fire safety issues were later fixed but concerns were raised by the public about mould and bedbugs.

Fleinhan has disputed allegations of problems at the motel in the past, however, would not comment on health and safety concerns.