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City's court case against Vale bogged down by paperwork

The city's court case against Vale's alleged violation of municipal zoning bylaws is continuing, but is going slowly, said the city's solicitor, Jamie Canapini at city council May 26. He was asked by Ward 3 Coun.
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Vale's request for extensive documentation from the city is slowing down the city's court case against the company over charges by the city that it is contrary to city bylaws for the company to house hundreds of replacement workers on site at its Copper Cliff Smelter property. File photo.

The city's court case against Vale's alleged violation of municipal zoning bylaws is continuing, but is going slowly, said the city's solicitor, Jamie Canapini at city council May 26.

He was asked by Ward 3 Coun. Claude Berthiaume during question period about how the city's court case against the company was progressing.

City council was told at their March 31 meeting that the city charged the company with violating its zoning, fire and building code bylaws regarding the housing of replacement workers on the company's property.

Vale has been doing this since it began ramping up its operations at the Copper Cliff Smelter in early January.

The city pressed the court case after the company failed to negotiate a settlement with city officials over the issue, Doug Nadorozny, Greater Sudbury chief administrative official, noted.

At that time, Nadorozny said the next period (April to June) would involve the city filing documents in the case to the court.

Some councillors, including Berthiaume, have said a number of times that allowing Vale to violate city bylaws is unfair to those individual property owners who have had to immediately comply with bylaw infractions.

“The first appearance date is June 1, so it is coming up next week for the charges that were levied against Vale Inco,” Canapini said in response to the question by Berthiaume.

“We are in the process of responding to disclosure questions,” he said.

“(Vale), as would anybody being charged (with an offense), is requesting certain documents to be filed. We received an eight page letter recently of a list of their questions (about our charges).

“Our prosecutor is currently going over those. We hope to have that (document) prepared by the end of this week or early next week (May 31) so we can deliver it in time for the first appearance (in court).”

Canapini said Vale needs this paperwork from the city for their civil (defense) case, as they intend on going forth to a superior court, he added.

“(The court case) is moving along, but because of the large volume of documentation requested by (Vale), as part of the disclosure package, it is taking a week to 10 days longer than I had hoped.”

 



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