Potential litigation was cited as the reason why documents about the delay in opening the city’s new aquatic centre building, the Minoru Centre for Active Living, can’t be publicly released.
The city responded to a freedom of information request made four months ago by the Richmond News saying they have reviewed almost 4,000 pages of documents, but could only release three confidential memos and the briefing notes prepared for council and staff to answer questions from the public or the media. Despite being deemed “confidential” the memos are not much different than what was released publicly.
The original FOI request was sent to the city February 21 when the combined aquatic, fitness and seniors centre was almost two years behind schedule. The FOI request was delayed twice, once allowed by the Act, and the second time after an application was made to the privacy commissioner.
On Thursday, July 4, the city responded with the four documents and a letter that stated the construction delays are a “multi-faceted issue which could involve litigation.” It went on to state city staff have considered the request against the city’s legal obligations “to protect the City’s position in potential litigation with third parties.”
Although there are no legal proceedings underway at the moment, city spokesperson Clay Adams noted they still don’t know why the pool failed or who’s to blame.
He added that when construction projects have delays, there’s a risk one of the parties will pursue legal action, so the reference to “potential litigation” reflects that possibility.
The response cited sections 13, 14, 17, 21 and 22 of the Freedom of Information and Protection of Privacy Act. This includes policy advice and recommendations, information protected by solicitor-client privilege, information that might harm the financial or economic interests of a public body, information about trade secrets, or information that could harm their competitiveness or cause undue financial loss as well as information that’s harmful to someone’s personal privacy.
The response also cites “solicitor client privilege” and “litigation privilege” for denial of the documents.
In a memo to mayor and council dated March 7, 2018, city staff seem to be expecting construction to be done by the summer 2018 at which time the whole complex would open. It didn’t open until March 2019 -- and then only partially. The aquatic centre is still not open because Lap Pool 1 could not hold water after its concrete base shifted. Because the entrance to the fitness centre is the same as the aquatic centre, it also remains closed.
The cost of the repairs will be covered by insurance. When the cause of the damage is determined, then it will be determined whose insurance will cover the cost.
