Brandt files lawsuit against province, PCC over CNIB building project in Regina's Wascana Park

Brandt Properties Ltd. has filed a lawsuit against the provincial government and Provincial Capital Commission (PCC) over a project to redevelopthe site of the former Canadian National Institute for the Blind (CNIB)in Regina's Wascana Park.

A statement of claim filed on Feb.23 outlines how the controversial project began in 2014 when Brandt and CNIB partnered to demolish the former building and build a new, four-storey, 77,000-square-foot building. The project has been rife withpublic backlash, protests and some city councillors demanding greater transparency.

The project was suspended in March 2019 when the provincial auditor ordered a review to ensure proper processes were followed regarding large-scale developments in the park.

The auditor's report indicated concerns with PCC's transparency on the project and not keeping the public informed enough.

In February of 2020, the statement of claimsays, the province and PCC implemented new "procedural and substantive" requirements for the project,which included a 38-step process for new developments. This project was placed at step 23 of 38, the claim says.

Brandt and CNIB were not warned or consulted about the changes, according to the claim, before the project was put on hold again in 2020 due to the COVID-19 pandemic.

Brandt asked the City of Regina to extend the demolition permit until October of2021, but on June 1 the city extended the permit until June 30, "which was an unreasonable and unmanageable request in that period of time and intended to put [Brandt] to unnecessary and significant expense," the claim says.

The City of Regina and Coun. Bob Hawkins who sits on the PCC's board of directors are named throughout the statement of claim, but are not listed as defendants.

Brandt and CNIB have been "subject to various forms of political and procedural interference and inaction by PCC, Province, City and Hawkins," according to the claim.

As a result of the "interference and inaction," the project has been "unnecessarily and indefinitely delayed, suspended and impeded," the claim says.

It's accusingthe PCC and province ofcausingloss by unlawful means, inducing breach of contractand negligence among other things.

Accusationsin the statement of claim have not been provenin court.

Brandt is seeking "general damages in an amount to be proven at trial, including damages for lost profit and damage at large," among other things.

In an emailed statement, Brandt said: "When we enter into an agreement with another party, we expect it to be honoured. We remained hopeful that the Government would respect the process they put in place instead the goal posts continued to move, even after the project and process were agreed upon."

It goes on to say that taking legal action was a last resort and "at this point, the project is over. This is incredibly disappointing to us, but more importantly, for CNIB and other charitable organizations in our community. When the weather permits, we will be remediating the site."

The province declined to comment on specifics of the lawsuit, saying the matter is before the courts.