A lawsuit that’s years old came to an end this week.
On Thursday, the City of Vernon announced that the Kin Park race track lawsuit has been resolved, after the Okanagan Equestrian Society dropped its appeal of a B.C. Supreme Court decision. That 2018 ruling favoured the city after the society filed a lawsuit following eviction from the race track.
“We are very pleased to hear the official outcome of this lengthy court case,” said Vernon mayor Victor Cumming. “We can now begin the process of engaging the public for ideas on the future use of this land, which is zoned for recreational uses.
“Our goal will be to determine a use for the land that provides benefit to a wide range of citizens.”
Kin Park was said to be the oldest horse racing track in the province before its recent demise.
The 2018 court ruling noted that:
- On October 31, 2008, the NORD notified the Society that effective October 31, 2010, it would cease to issue permits for the Society to use the Kin Race Track and ancillary facilities. The notice also requested that the Society remove any equipment that it owned from the property.
- Two events occurred on July 9, 2014 which each effectively put an end to Vernon Race Days, at least temporarily. That day, the Society was advised by provincial safety inspectors that the electrical wiring for the grandstand was unsafe, and required substantial upgrading, and that no activities could take place until such upgrading was completed. The electric power to the facility was discontinued. That evening, an arson fire destroyed the grandstand and surrounding structures.
- Since that time, there has been no horse training or racing on the Kin Park Race Track.
In 1964, the Vernon Jockey Club — now owned by the Okanagan Equestrian Society — transferred title to the land to the City of Vernon. According to the plaintiffs, a charitable trust was created, requiring the city to maintain the racetrack and permit horse racing in perpetuity. The city says the transfer was a gift, and no charitable trust was created.
In 2000, an agreement was signed by the city, the Regional District of the North Okanagan and OES regarding use and other obligations for five years. It also contained a clause that said the agreement “will be renewed” for successive five-year terms upon its expiration.
In his ruling from May 15, 2018, Supreme Court Justice Tammen ruled that there was no charitable trust in the 1964 agreement, as alleged by OES.
Tammen wrote: “Among the covenants of the grantor are that ‘he has done no acts to encumber the said lands’, and that that the grantor ‘releases to the grantee all his claims upon the said lands.'”
WATCH: Horse races cancelled in Vernon (2014)
In the lengthy judgment, Tammen wrapped it up by saying “Obviously, the majority of the issues among the parties which I have decided could and likely should have been adjudicated years ago. I do not know why this case took more than 10 years to get to trial.
“Hopefully, with this judgment, the defendants can commence to make better use of the land.”
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