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.

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

Just Posted

Police watchdog clears West Shore RCMP in altercation that led to man needing 82 staples

The man pretended he had a weapon he would use against the police

Highway 1 tree removal impacts traffic Tuesday evening

Work starts April 7 at 6 p.m. between Finlayson Arm Road and Westshore Parkway

Escaped python found in Saanich building reunited with its owner

The little snake is at ‘home, safe and sound,’ CRD chief bylaw officer says

Victoria police seek public’s help finding man missing more than a week

Joel Diment 26 and has short brown hair and hazel eyes

Mental Health: Planning for a crisis

Crisis planning lays out a blueprint in case hard times hit

COVID-19: Don’t get away for Easter weekend, Dr. Bonnie Henry warns

John Horgan, Adrian Dix call 130 faith leaders as holidays approach

COVID-19: Trudeau says 30K ventilators on the way; 3.6M Canadians claim benefits

Canada has seen more than 17,000 cases and at least 345 deaths due to COVID-19

Comox spring training cancelled for Snowbirds next month

The team announced that due to ongoing travel restrictions they will not be training in the Valley

Some Cowichan schools to reopen for children of essential-services workers

Cowichan Valley will open 8 elementary schools this week

RCMP call on kids to name latest foal recruits

The baby horses names are to start with the letter ‘S’

Physiotherapists turn to technology to reach patients during COVID-19

Just because services, jobs, and socializing have been put on hold, it… Continue reading

As Canadians return home amid pandemic, border crossings dip to just 5% of usual traffic

Non-commercial land crossing dipped by 95%, air travel dropped by 96 per cent, according to the CBSA

Logan Boulet Effect: Green Shirt Day calls on Canadians to become organ donors

While social distancing, the day also honours the 16 lives lost in the 2018 Humboldt Broncos Crash

Most Read