The B.C. Supreme Court dismissed a petition challenging the formation of the Silver Star Resort Association on Oct. 28, 2020. (Contributed)

The B.C. Supreme Court dismissed a petition challenging the formation of the Silver Star Resort Association on Oct. 28, 2020. (Contributed)

Silver Star association challenge dismissed: B.C. Supreme Court

Property owner claims association was formed unfairly and in violation of legislative requirements

The province’s Supreme Court dismissed a Silver Star resident’s petition to quash the recently established resort association.

The Silver Star Resort Association (SSRA) was a product five years in the making by a group of volunteers made up of business owners, homeowners and SilverStar Mountain Resort management with the sole purpose of promoting the ski resort. They were called the Silver Star Marketing Task Force.

The petitioner, Kenneth J. Byram, however, brought the issue to the courts in hopes to “quash” the order issued by the Municipal Affairs and Housing Minister Selina Robinson on Feb. 25, 2020, claiming the order violated legislative requirements and the process was procedurally unfair.

Justice G.P. Weatherill dismissed the claims in an Oct. 28 decision, stating procedures were fair and the association will have little impact on Byram in terms of costs as he doesn’t use his property for business.

Instead, Weatherill found quashing the order would lead to impractical and costly results requiring another person to re-do the petition certification process and a second application to be submitted to the minister to re-establish the association.

The SSRA became the fourth British Columbian mountain resort to form an association March 10, 2020, following in the heels of Whistler, Sun Peaks and Red Mountain.

With association status, the Silver Star Resort Association (SSRA) is able to apply for grants and additional funding while creating a platform to advocate for the resort community within the Regional District of North Okanagan (RDNO) and the province.

The SSRA will help promote, facilitate and encourage the development, maintenance and operation of SilverStar, which in turn, will stimulate the local economy, create local jobs and generate provincial revenue.

In order to be successful in its application, the SSRA required support from at least 50 per cent of the property owners representing at least 50 per cent of the assessed property values.

But Byram claimed the Task Force unfairly sought out property owners who hadn’t signed the petition knowing they weren’t going to meet the threshold by the deadline, then the Task Force extended its own deadline improperly from Oct. 31 to Dec. 14, 2018, to ensure that threshold was met.

Byram also claimed an inaccurate and out-dated database of property owners was used as a reference to verify the petition results which invalidates the prerequisites of the order.

The SSRA argued strong support of 53.2 per cent was demonstrated and Byram’s complaints are dependent on narrow technicalities. In defence of the Housing Minister, the SSRA said Byram’s argument focuses entirely on processes undertaken by the Task Force and not the minister, therefore his criticisms were before the Minister at the time she made her decision.

“She considered and weighed those issues and determined that the petition was sufficient and valid,” the decision reads.

Weatherill dismissed the petition and ordered Byram to cover the SSRA’s court costs. The minister sought no costs.

READ MORE: SilverStar fourth B.C. mountain to form association: province

READ MORE: RDNO approves second step in allowing Silver Star Marketing Task Force to move forward to petition process


@caitleerach
Caitlin.clow@vernonmorningstar.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

Interior Health reported 79 new cases of COVID-19 and two new death in the region Friday, Jan. 22, 2021. (Ben Hohenstatt/Juneau Empire)
79 new COVID-19 cases, two deaths reported in Interior Health

Both of Friday’s deaths were both recorded at long-term care homes

Veteran Henry Kriwokon has his photo taken by the Western as he celebrates his 99th birthday with friends at the Cellar in Downtown Penticton. (Brennan Phillips - Penticton Western News)
Turning 101, Penticton veteran looks back on life

Henry Kriwokon was one of the soldiers in the famous ‘Wait for me, Daddy’ photo

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

Auldin Maxwell stacks the 693rd block on the top of record-breaking Jenga tower on Nov. 29. (Submitted)
Salmon Arm boy rests world-record attempt on single Jenga brick

Auldin Maxwell, 12, is now officially a Guinness world record holder.

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

(Hal Brindley - Dreamstime)
Enderby farmers caught between coyotes and bylaw tickets

The Smith family is stuck in a Catch-22 between protecting their livestock and incurring noise complaints

A COVID-19 exposure has been confirmed at Black Mountain Elementary in Kelowna Saturday, Jan. 23, 2021. (Google Image)
Another COVID-19 exposure confirmed at Kelowna school

Interior Health confirmed an exposure at Black Mountain Elementary School Saturday

Members of BCEHS Station 343 in Lake Country receive a donation of treats and wine from the community in December. (Contributed)
‘Unexpected and heartwarming’: Okanagan community supports paramedics

Cards, discounts, treats, more given to Lake Country paramedics in sign of support

Most Read