Jumbo legal challenge delayed

The West Kootenay EcoSociety’s challenge to the legality of Jumbo Glacier Resort municipality adjourned Monday.

The layout of the main lodge’s foundation at Jumbo Glacier Resort.

The layout of the main lodge’s foundation at Jumbo Glacier Resort.

The West Kootenay EcoSociety’s challenge to the legality of Jumbo Glacier Resort municipality adjourned Monday, possibly for a few months.

The case was scheduled to be heard in BC Supreme Court over two days in Vancouver starting Monday.

However, in a statement, the EcoSociety said it sought and was granted an adjournment after receiving an “amended response and new evidence from lawyers for the municipality at the 11th hour.”

The adjournment gives the EcoSociety a chance to respond to the latest filings, it said. The case will be rescheduled, likely for sometime in May.

The EcoSociety filed its initial petition in February 2013 and completed an amended brief last August.

The province formed Jumbo Glacier Mountain Resort municipality in late 2012 and appointed a mayor and two councillors, although no one yet lives at the resort, first proposed in 1991.

The resort would include more than 20 ski lifts and accommodation for over 6,000 people in an alpine village 53 km west of Invermere.

The proposal has also faced a court challenge from the Ktunaxa Nation Council. The Environmental Assessment Office issued a letter warning the project hadn’t met its obligations to protect the environment and critics claim the proponents haven’t made enough progress to maintain their permits.

The project is on hold pending a report on whether the day lodge would be in a known avalanche path. The Minister of Environment must also decide if the project substantially started by October 12, 2014, ten years after receiving environmental approval.