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

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

Victoria Truth Centre and Long-term Inmates Now in the Community (L.I.N.C.) Society are hoping to replicate in Langford the format used on Emma’s Farm in Mission, pictured here. (Patrick Penner/Black Press Media)
Victoria Truth Centre hopes to grow transformative justice in Langford

Purchase proposal would see offenders, survivors and families work on organic vegetable farm

The stretch of trail north of Royal Bay Secondary connecting to Painters Trail at Murray’s Pond will be closed temporarily this week for invasive species removal. (Black Press Media file photo)
Colwood trail behind Royal Bay Secondary temporarily closed for invasive species removal

Cloure in effect from 9 a.m. Wednesday to 10 a.m. Friday this week

Mural artist Paul Archer will soon begin work on a piece on the rear of a building at 100 Burnside Road West. (Gorge Tillicum Community Association)
Back of Burnside building in Saanich to feature mural of hope and positivity

Artist Paul Archer says subject will inspire memories, depict children’s future, sunshine, flowers

Tyson Muzzillo, regional manager of BC Cannabis Store, welcomes shoppers to their Uptown location, opening on June 16. (Megan Atkins-Baker/News Staff)
Government-run cannabis store opening at Saanich’s Uptown

BC Cannabis Store the first for government in Greater Victoria, 27th in province

Colin Davidson won $100K on a Set for Life scratch ticket in Sooke. (BCLC photo)
Sooke man does ‘happy dance’ after scratching a $100,000 Set for Life win

Colin Davidson plans to renovate his home and invest in his daughter’s education

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

(pixabay file shot)
B.C. ombudsperson labels youth confinement in jail ‘unsafe,’ calls for changes

Review states a maximum of 22 hours for youth, aged 12 from to 17, to be placed in solitary

Eleonore Alamillo-Laberge, 6, reads a book in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick
Parents will need to fight ‘COVID learning slump’ over summer: B.C. literacy experts

Parents who play an active role in educating their children this summer can reverse the slump by nearly 80%, says Janet Mort

The border crossing on Highway 11 in Abbotsford heading south (file)
Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

The B.C. government’s vaccine booking website is busy processing second-dose appointments, with more than 76 per cent of adults having received a first dose. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 infections, hospitalizations stable for Tuesday

108 new confirmed cases, 139 in hospital, 39 in intensive care

Cowichan Tribes man Adrian Sylvester is worried that he was targetted by a trailer hitch thrown from a vehicle. (Facebook photo)
Cowichan Tribes man worried he was target of trailer hitch

Adrian Sylvester says no one has reported a missing hitch after one nearly hit him

Graeme Roberts, who was mayor of Nanaimo from 1984-86, died this month at age 89. (Photo courtesy Nanaimo Community Archives)
City of Nanaimo flags at half-mast as former mayor Graeme Roberts dies at 89

‘Giant-killer’ beat out Frank Ney in mayoral election in 1984

Most Read