Decades old dispute between RMOW and Rainbow Estates ends

July 10, 2012, 2012: Whistler, BC – In the Rainbow Country Estates Ltd. (Rainbow) versus Resort Municipality of Whistler (RMOW) case, the notices of abandonment of the appeal and cross appeal have been filed and returned respectively, by Rainbow and the RMOW.  This ends the decades old dispute over the Rainbow Park lands, which were expropriated by the RMOW in 1987.

The RMOW and Rainbow originally went to trial in the fall of 2009, and in March 2010 the Honourable Madam Justice Adair determined the value of the expropriated land at $1.3 million.  In April, 2012, the RMOW and Rainbow returned to trial to determine interest and costs arising from the previous judgment.

On May 4, 2012 the Honourable Madam Justice Adair pronounced her judgment and determined that Rainbow was not entitled to collect interest for the period of April 1991 to October 2004.  On May 30 Rainbow filed a Notice of Appeal and the RMOW cross appealed claiming that Rainbow should not be entitled to interest for the additional period of January 21, 1988 to April 1, 1991; however, both parties have agreed to abandon their appeal without costs.

The RMOW originally paid $367,000 for the expropriated land based on RMOW’s assessment of fair market value at that time.  On February 22, 2012, the RMOW paid Rainbow $1,394,345.96, which represented the outstanding unpaid compensation of $933,000 plus the minimum amount of accrued interest owing.  On May 25, 2012, the RMOW paid Rainbow $1,009,608—the balance of interest owed based on the May 4 judgment.  Rainbow was claiming a minimum of $4,475,000 in interest but was awarded interest in the amount of $1,471,000.

The RMOW transferred funds from its Park Land Reserve to pay for the expropriated land costs, interest and associated costs.

The amount of the final tariff for legal fees and court costs—to be paid by the RMOW to Rainbow—has not yet been finalized.

About the Resort Municipality of Whistler

The Resort Municipality of Whistler (RMOW) is Whistler’s local government led by an elected council and administered by an executive team and staff on behalf of 9,824 residents and two million annual visitors. The RMOW manages municipal planning and development, park and Village operations, sports facilities and recreation, public utilities and environmental services, bylaws and enforcement, fire rescue, fiscal planning and financial services, legislative services, human resources, communications and the administration of the Whistler2020 Comprehensive Sustainability Plan and Whistler’s Official Community Plan. The RMOW collaborates with in-resort and external partners to create visitor experiences and enrich community life.

Whistler’s vision is to be the premier mountain resort community as it moves toward sustainability. Whistler was the proud Host Mountain Resort for the 2010 Olympic and Paralympic Winter Games.