Denman Conservancy Settles Marathon Legal Case

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By J. Millen

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Denman Conservancy Association (DCA) has settled its landmark legal case against 4064 Investments Ltd. Mike Jenks, well known in BC for buying and immediately logging private land, was the manager and operator for 4064 Investments Ltd. at the outset of the case in 2000.

Denman Conservancy Association (DCA) sued 4064 Investments Ltd. for breach of a land purchase contract. DCA asserted that 4064 had been obliged by the contract to place covenants on two areas and, having not done so, proceeded to aggressively log one of those areas. After six years the parties settled this case on November 6, 2006. As a result DCA holds conservation covenants on two large, ecologically valuable areas on Denman Island and has title to an additional 156 acres of land.

The settlement land includes a significant wetland and is an important link in a network of already preserved lands and adjacent crown lands.

The constant support of the Environmental Dispute Resolution Fund (EDRF) of West Coast Environmental Law Association since August 2000 has been a major factor in sustaining DCA’s volunteers through their years of struggle with the case. DCA is also grateful for the excellent representation provided by the three law firms: Olstead & Holekamp; Arvay Findlay; and, Underhill, Falkner, Boies Parker.

The Denman Conservancy Association is a volunteer organization formed to preserve, protect and enhance the quality of the natural and human environment of Denman Island.

Supported by approximately 200 members, DCA is dedicated to increasing public awareness of the need for a strong ethic of land stewardship through public education, research and community participation. The Association is working to preserve forests, wetlands and other ecologically sensitive habitats, to be set-aside in perpetuity as sanctuaries.