Qualicum Beach town hall. (File photo)

Qualicum Beach town hall. (File photo)

Qualicum Beach councillor faces civil claim in B.C Supreme Court

Notice seeks relief for damages from slander

A notice of civil claim has been filed against Qualicum Beach Coun. Teunis Westbroek on behalf of Kenneth (Ken) Schley, John Briuolo and Kelland Foods Holdings Ltd.

The claim, dated April 19, was filed in B.C. Supreme Court by the plaintiffs’ lawyer, Bryan G. Baynham of Harper Grey LLP in Vancouver. It seeks relief for damages from slander. Westbroek has 21 days to respond after service of the claim.

On Tuesday, he told the PQB News that “legal defence counsel has been engaged”.

The claim states Schley and Briuolo control Kelland Foods Holdings Ltd., a development company that previously owned the Qualicum Foods Grocery store that was destroyed by fire in 2002.

The notice said the company recently actively pursued two development proposals involving land owned by the town, both of which were rejected or “left in limbo” by council.

The notice said one of the rejected proposals was for the ‘Bus Garage’ property.

“During the in-camera meeting of council and/or the subsequent open meeting of council approving the competing proposal, the defendant (Westbroek) argued the corporate plaintiff’s (Kelland Foods Holdings Ltd.) proposal should not be accepted because the personal plaintiffs (Schley and Briuolo) had ‘burned down their store’ years earlier and as such the municipality should not enter into an agreement with the company and its principles who had committed arson,” the document stated.

READ MORE: Qualicum Beach coverage here

It also referenced an informal meeting at a town restaurant between Westbroek, Coun. Scott Harrison and Mayor Brian Wiese, where a discussion about the council vote took place.

“The defendant spoke and published the following defamatory words attacking the integrity and character of the personal plaintiffs: “don’t forget ‘these guys’ burnt down their store,” stated the notice, which also claimed the words could be overheard by others.

The notice then also claimed other times Westbroek made similar statements in the presence of Wiese and senior town staff members.

“In their natural and ordinary meaning the words complained of meant and were understood to mean that the personal plaintiffs intentionally set the fire that caused the Quality Foods grocery store to be destroyed and as such, committed the criminal offence of arson,” the notice read, continuing: “by reasons of the words complained of, the personal plaintiffs have been caused serious injury to their personal and professonal reputations and have suffered considerable embarrassment and distress.” It claimed the company had suffered similar injury to its goodwill and a resultant loss of income/profit.

— NEWS Staff

Like us on Facebook and follow us on Twitter 

BC Supreme Courtqualicum beach

Just Posted

(PQB News file photo)
Oceanside RCMP on the hunt for reported Rathtrevor flasher

Two separate incidents noted at provincial park on April 30 and May 14

A fledgling white raven was spotted near the end of Winchester Road in Coombs. (Mike Yip photo)
Legend continues as iconic white raven spotted once again in Coombs

Sightings rare everywhere in world except for central Vancouver Island location

Emergency service workers at the collision scene along Highway 4 in Hilliers on Sunday, May 16. (Collin C photo)
UPDATE: Motorcyclist dies from injuries sustained in highway collision near Hilliers

BC Highway Patrol says impairment not a contributing factor in crash

Checking through social media feeds can be an interesting exercise. (Black Press Media file photo)
WOLF: Mr. Rogers would be proud of this friendly day in the neighbourhood

COLUMN: Residents quick to offer assistance for person coming off surgery

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10-million grant from B.C. government

Long sought-after funds to bolster organization’s important work

More “strings of lights” were seen on May 15, 2021, in night sky over Vancouver Island. (File photo)
Sicamous RCMP Sgt. Murray McNeil and Cpl. Wade Fisher present seven-year-old Cody Krabbendam of Ranchero with an award for bravery on July 22, 2020. (Contributed)
7-year old Shuswap boy receives medal of bravery for rescuing child at beach

Last summer Cody Krabbendam jumped into the lake to save another boy from drowning

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the province’s COVID-19 vaccine program, May 10, 2021. (B.C. government)
B.C.’s COVID-19 infection rate stays below 500 a day over weekend

14 more deaths, down to 350 in hospital as of Monday

Royal Bay Secondary School’s rainbow crosswalk was vandalized shortly after being painted but by Monday, coincidentally the International Day Against Homophobia, Transphobia and Biphobia, the crosswalk had been cleaned up and students had surrounded it with chalk messages of support and celebration. (Zoe Ducklow/News Staff)
B.C. high’s school’s pride crosswalk restored following ‘hateful’ graffiti attack

Hate terms, racial slur, phallic images spray-painted at Greater Victoria high school

Terrance Mack would have celebrated his 34th birthday on May 13, 2021. Mack’s family has identified him as the victim of a homicide in an apartment on Third Avenue in Port Alberni sometime in April. (SUBMITTED PHOTO)
Family identifies Ucluelet man as victim of Vancouver Island homicide

Terrance Mack being remembered as ‘kind, gentle’ man

Nathan Zuk had left his mother’s residence in Whaletown on Cortes Island in mid-December 2020 in a 14’ skiff rowboat and headed to an unknown location near the Pryce Channel, Deer passage, or Toba Inlet. Photo courtesy RCMP
RCMP need help finding man who set off from Cortes Island in 14-foot rowboat

Nathan Zuk left in December, may have been last seen in Toba Inlet approximately three weeks ago

Discarded construction materials make up nearly 40 per cent of all materials sent to the landfill from sources in the city of Victoria. (Zero Waste Victoria)
Victoria looks to curb waste by turning demolitions into deconstructions

Community drafting bylaw forcing developers to be better at salvage and recycling

Vancouver Canucks’ Jake Virtanen (18) and Calgary Flames’ Josh Leivo, front right, vie for the puck as goalie Jacob Markstrom, back left, watches during the first period of an NHL hockey game in Vancouver, on Saturday, February 13, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver Canucks forward Jake Virtanen sued over alleged sexual assault

Statement of claim says the woman, identified only by her initials, suffered physical and emotional damages

Most Read