The Court of Queen’s Bench has heard, and rejected the City of Regina’s Capital Pointe appeal.
Justice Timothy Keene upheld the decision the board made in late August that the Capital Pointe site is safe.
That means Capital Pointe is not forced to backfill the site.
“The overwhelming scientific evidence was that the site was safe, and more importantly the manner in which the city went about making their determination as was exposed in the cross-examination further justified that this site was not in an unsafe condition,” said Neil Abbott, counsel for WestGate Properties LLD.
The one thing the justice did agree with the city was that the board should have given the City of Regina and the developer a chance to hear the possible solutions they would offer, and add their own input.
Capital Pointe must begin work on the shoring no late than Dec. 8.
The court ruling also calls for designs for the building and a building permit application to be submitted no later than Feb. 28, 2019, with construction beginning by April 1, 2019, and concluding no later than March 30, 2022.
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