Evergreen Medicinal Supply Inc. operates this marijuana growing facility in Central Saanich. (Black Press Media file photo)

Medical marijuana company ordered to vacate Central Saanich property for a second time

Evergreen Medicinal Supply Inc. must vacate no later than Jan. 31, 2020

A medicinal marijuana producer has been ordered — once again — to vacate a property in Central Saanich by a judge.

On Dec. 23, Evergreen Medicinal Supply Inc. was ordered by B.C. Court of Appeal Justice Joyce DeWitt-Van Oosten to vacate the bunker-like facility near Michell’s Farm, which is used to grow cannabis, by Jan. 31, 2020. This comes after Evergreen was already ordered to vacate by Aug. 31 by a Supreme Court Justice back in July.

RELATED: Supreme Court Judge rules medicinal marijuana company must vacate farm in Central Saanich

The lengthy court battle between Evergreen and Phillip Illingworth, the property owner, dates back to 2017 and has seen multiple petitions filed by Illingworth asking for a declaration that Evergreen is wrongfully in possession of the land and premises.

In the latest turn of events, Evergreen filed a notice of appeal on Aug. 28 — four days before they were ordered to leave. The appeal claimed a number of errors made by the chambers judge, including that there was an abuse of power during the second petition and in determining the end date of the lease.

RELATED: Central Saanich pot farm now on hold

On Sept. 21, 2013, Illingworth and Evergreen’s director, Shaw Galbraith, signed a lease that Illingworth had prepared using a template from a different business context. Neither of the parties had a lawyer review the document before they signed it.

The lease contained a mistake. The lease states the duration of the lease would be a period of five years commencing on Jan. 1, 2014 and ending on Dec. 31, 2019. But, that’s actually six years, not five.

DeWitt-Van Oosten stated that the initial judge did not err in determining the end date of the lease and stated that there was “a rational basis” for the judge to conclude the reference to 2019 in the lease were errors. DeWitt-Van Oosten dismissed Evergreen’s three other reasons for the appeal and ordered the company to vacate the property no later than the end of January.



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

VicPD confirms wolf sighting in James Bay

Police ask that children and pets be taken inside

Victoria hotel awards couples for baby-making with Valentine’s freebie

Have a baby nine months after your stay and enjoy 18-year Valentines deal

Vancouver Island woman’s research helps volunteer firefighters cope with stress

VIU professor Leigh Blaney developing tools to help emergency responders become resilient

Vancouver Island man living well despite dementia

Walter Strauss has developed an interest in music and now takes line dancing classes

Royal BC Museum’s Woolly the Mammoth turns 40 years old

The museum is hosting a party on Jan. 26

‘Presumptive case’ of coronavirus in Canada confirmed by Ontario doctors

Man in his 50s felt ill on his return to Canada from Wuhan, China

VIDEO: Drone footage shows extent of damage in Highway 4 rockslide

Tofino, Ucluelet still cut off from rest of the island, as crews work to repair roadway

People knowingly take fentanyl so make policy changes to reduce harm: B.C. study

Dr. Jane Buxton, an epidemiologist at the centre, says drug users need more resources,

‘My heart is going to bleed’: Bodies brought back to Canada following Iran plane crash

Remains of Sahar Haghjoo, 37, and her eight-year-old daughter, Elsa Jadidi, were identified last weekend

BCLC opens novelty bet on Harry and Meghan moving to the west coast

Meanwhile, real estate agency points to four possible homes for the family

Canada slips in global corruption ranking in aftermath of SNC-Lavalin scandal

The country obtained a score of 77, which places it at the top in the Americas

Wuhan bans cars, Hong Kong closes schools as coronavirus spreads

Hong Kong leader Carrie Lam said her government will raise its response level to emergency, highest one

Vernon woman suing McDonald’s for spilled coffee

Woman seeking nearly $10K, says employee failed to put lid on properly

Most Read