snowhunter
07-22-2012, 09:16 AM
August 23, 2011
Ryan Lux Staff Writer
A business deal gone sour between Blueberry First Nations and a Pink Mountain guide and outfitting company is likely to land the two parties in civil court sometime in the New Year.
The Blueberry First Nations have filed suit against Mountain View Paradise Outfitters' owners and operators Dean, Katie and Dustin Roe, for the return of a guiding certificate, which licenses the right to guide around Pink Mountain, worth more than $800,000.
It's important to note that the dispute is on the facts, rather than questions of law, and as of print time no representative of MVP Outfitters has responded to inquiries from the Alaska Highway News. Therefore, the following outline of the case is that of the Blueberry First Nation and their legal counsel.
Blueberry bought the certificate in 1999, and in 2006 the First Nation retained Dustin Roe to hold the certificate on their behalf and operate the license. But, following a tumultuous five-year business relationship, the First Nation decided to terminate the unwritten contract.
However, the Roes refuse to relinquish the valuable certificate, which gives the holder exclusive control over guide outfitting in its territory.
"We are frustrated that outsiders are challenging our community's right to an important economic development initiative in our territory" said Blueberry River First Nations Chief Joseph Apsassin. "We purchased the guiding certificate with the understanding that it would benefit our people. We won't let Mr. Roe and MVP Outfitters deprive our people, or use our territory without our permission and over our objections. We have brought a claim in the Supreme Court of British Columbia to enforce our legal rights."
Blueberry's lawyer, Melinda Skeels explained her client's position is that the contract was to be renewed on a yearly basis, whereas the Roes considered the agreement to extend for the duration of the ten-year license.
But as Skeels noted, trouble began to emerge within the first year of the business relationship. According to Skeels, the Roe's paid Blueberry less than $10,000 in the first year of holding the certificate. The Blueberry's statement of claim alleges the agreement between MVP was for the company to pay the First Nation 20 per cent of all monies collected from harvesting species with a harvesting quota, minus booking agent fees.
MVP's web site lists the price of a grizzly hunt for $15,000, plains bison for $9,000, and the price for a stone sheep hunt isn't listed.
According to the Blueberry statement of claim:
In 2007, the First Nation argues the Roe's didn't make any payments, which prompted them to renegotiated their agreement.
In 2008, Skeels contends, Blueberry renegotiated the contract so that they would receive 50 per cent of MVP profits on the three listed species, in addition, MVP was to provide Blueberry with a full accounting of revenues and expenses relating to the operation of the territory.
MVP allegedly asserted they had a net loss on their operations during the 2008 hunting season and therefore didn't pay any monies to Blueberry under the 2008 agreement.
Following the 2009 hunting season, which was governed by an agreement similar to 2008, Blueberry didn't enter into any further agreement with the Roes.
Accordingly the First Nation asked MVP to transfer back the certificate via letter in April 2010, which the Roe's didn't respond to.
When the Roe's did respond, they argued they were entitled to a six-month termination clause. The statement of facts notes that part of Blueberry's decision to regain control of their license stems from a legislative change in 2009 that made it possible for the First Nation to operate their certificate without a guide outfitter license.
Thus, in June of last year, Blueberry Councillor Patrick Chipesia, submitted an application to the Ministry of Environment to transfer the certificate into his name. However, the ministry has refused to transfer the certificate to Blueberry.
Skeels speculated that court proceedings could be initiated as early as January 2012. Follow up and/or commentary supporting MVP's position will be provided as it becomes available.
From: KSMike (http://www.huntingbc.ca/bsreg/lookup.cfm?bcrid=266634) Date: 07-Nov-11
Ryan Lux Staff Writer
A business deal gone sour between Blueberry First Nations and a Pink Mountain guide and outfitting company is likely to land the two parties in civil court sometime in the New Year.
The Blueberry First Nations have filed suit against Mountain View Paradise Outfitters' owners and operators Dean, Katie and Dustin Roe, for the return of a guiding certificate, which licenses the right to guide around Pink Mountain, worth more than $800,000.
It's important to note that the dispute is on the facts, rather than questions of law, and as of print time no representative of MVP Outfitters has responded to inquiries from the Alaska Highway News. Therefore, the following outline of the case is that of the Blueberry First Nation and their legal counsel.
Blueberry bought the certificate in 1999, and in 2006 the First Nation retained Dustin Roe to hold the certificate on their behalf and operate the license. But, following a tumultuous five-year business relationship, the First Nation decided to terminate the unwritten contract.
However, the Roes refuse to relinquish the valuable certificate, which gives the holder exclusive control over guide outfitting in its territory.
"We are frustrated that outsiders are challenging our community's right to an important economic development initiative in our territory" said Blueberry River First Nations Chief Joseph Apsassin. "We purchased the guiding certificate with the understanding that it would benefit our people. We won't let Mr. Roe and MVP Outfitters deprive our people, or use our territory without our permission and over our objections. We have brought a claim in the Supreme Court of British Columbia to enforce our legal rights."
Blueberry's lawyer, Melinda Skeels explained her client's position is that the contract was to be renewed on a yearly basis, whereas the Roes considered the agreement to extend for the duration of the ten-year license.
But as Skeels noted, trouble began to emerge within the first year of the business relationship. According to Skeels, the Roe's paid Blueberry less than $10,000 in the first year of holding the certificate. The Blueberry's statement of claim alleges the agreement between MVP was for the company to pay the First Nation 20 per cent of all monies collected from harvesting species with a harvesting quota, minus booking agent fees.
MVP's web site lists the price of a grizzly hunt for $15,000, plains bison for $9,000, and the price for a stone sheep hunt isn't listed.
According to the Blueberry statement of claim:
In 2007, the First Nation argues the Roe's didn't make any payments, which prompted them to renegotiated their agreement.
In 2008, Skeels contends, Blueberry renegotiated the contract so that they would receive 50 per cent of MVP profits on the three listed species, in addition, MVP was to provide Blueberry with a full accounting of revenues and expenses relating to the operation of the territory.
MVP allegedly asserted they had a net loss on their operations during the 2008 hunting season and therefore didn't pay any monies to Blueberry under the 2008 agreement.
Following the 2009 hunting season, which was governed by an agreement similar to 2008, Blueberry didn't enter into any further agreement with the Roes.
Accordingly the First Nation asked MVP to transfer back the certificate via letter in April 2010, which the Roe's didn't respond to.
When the Roe's did respond, they argued they were entitled to a six-month termination clause. The statement of facts notes that part of Blueberry's decision to regain control of their license stems from a legislative change in 2009 that made it possible for the First Nation to operate their certificate without a guide outfitter license.
Thus, in June of last year, Blueberry Councillor Patrick Chipesia, submitted an application to the Ministry of Environment to transfer the certificate into his name. However, the ministry has refused to transfer the certificate to Blueberry.
Skeels speculated that court proceedings could be initiated as early as January 2012. Follow up and/or commentary supporting MVP's position will be provided as it becomes available.
From: KSMike (http://www.huntingbc.ca/bsreg/lookup.cfm?bcrid=266634) Date: 07-Nov-11