Registry documents obtained through the Court Services Online (BC) show that the parties – Town of Oliver and the owners of the former Oliver Hotel have agreed to a Kelowna court date (March 11) in the spring of next year to argue their respective cases.

LVC Enterprises Ltd, Donald Nicholas Kazakoff and Lisa Victoria Chalmers (owners of the Mesa Hotel, Rumour Mill Bar & Grill and Crush Pad Bistro) are sueing the Town of Oliver because of actions of the Oliver Fire Department in bringing down the structure in the course of fighting the fire May 23, 2010. The fire department was called at 7:09 am and fought the blaze all day with the highway closed and departments from Osoyoos and OK Falls assisting. No one was injured and no other structures were seriously damaged.

The statement of claim says that the Mesa Hotel ( a three storey structure ) contained 9 rental units on the top floor and 4 rentals & a Manager’s suite on the second floor. The main floor contained a 32 seat restaurant , commercial kitchen and a 175 seat bar for onsite and offsite sale of liquor.

The claim contains the words “losses have been occasioned by the Plaintiff by reason of the dilatory response of the Oliver Fire Department and the negligent failure to take reasonable steps to contain and extinguish the fire” and that the hotel was demolished without proper authorization of council or due process. The plaintiff seeks damages but makes no specific dollar amount in the claim.

The lawyers for the Town have denied all claims. The parties have agreed to prepare a list of witnesses and must agree on the facts by January 18 of next year to allow the trial to commence.

Paperwork in the case states the Plaintiff Don Kazakoff will represent himself and the Town of Oliver is using Fulton & Company of Kamloops.