LIDSTONE, YOUNG, BAKER & ANDERSON

BARRISTERS & SOLICITORS

501 - 1803 Douglas Street 1607 - 808 Nelson Street
Victoria, B.C. Box 12147, Nelson Square
V8T 5C3 pe yp Vancouver, B.C. V6Z 2H2
Telephone: (604) 383-2063 - , Telephone: (604) 689-7460
Telecopier: (604) 689-3444 _ * “igs Telecopier: (604) 689-3444

AV

BY TELECOPIER
October 20, 1988

Mr. Ronald A. Freeman

City Clerk/Deputy Administrator
city of Port Coquitlam

2580 Shaughnessy Street

Port Coquitlam, B.C.

V3C 2A8

Dear Ron:

Re: Cripps Claim
Our File No. 19-C-106

We have read the material supplied by-Terry Day and yourself with
respect to this claim. It raises several fascinating and complex
legal issues which we need not address.

The practical aspect of the matter is that the Cripps family will
retain a lawyer and file a writ against the City unless they have
some assurance that the City will net rely on Section 754 of the
Municipal Act to bar any potential claim. Your insurance
advisers feel that it would be advantageous if the Cripps‘ do not
file a writ.

As the Cripps’ and their prospective lawyer are weil aware of
Section 754, it makes sense to extend the limitation, to
encourage negotiation rather than litigation.

However, we are not at all certain that Section 754 may be
completely waived (we note that Mr. Bowering’s letter contained
no authority in that regard) and in any event it is preferable to
extend the limitation period for a specified time to encourage a
conclusion to negotiations.

Under Section 754, Council has authority to designate a period
beyond the six month limitation in 4 particular case. We
recommend the following wording:

"Be it resolved that the limitation period prescribed by
Section 754 of the Municipal Act, if applicable, be extended

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