The City of Port Alberni says the lawsuit initiated by forestry company San Group after its remanufacturing facility was inspected in July should be dismissed.
Two lawsuits have been filed by the San Group against the city and a third against a Port Alberni woman who served as a translator for the company’s temporary foreign workers from Vietnam. The legal matters are tied to issues around the workers’ living situations.
None of the allegations have been tested in court.
The company launched its lawsuit against the city following what it called a “clandestine” overnight search of its remanufacturing plant.
In its civil claim, filed in B.C. Supreme Court, the company said that the event harmed its reputation.
That almost seven-hour search was connected to false claims that it was mistreating temporary foreign workers through substandard accommodation, the company said.
It is asking the court to declare the search illegal.
In its response, filed Aug. 24, the municipality says the inspection “was lawful, reasonable and carried out in furtherance of its statutory purposes to protect public health and safety and ensure compliance with the law.”
The city said that on Sept. 7, 2022, after an inspection of the company’s remanufacturing plant at 5005 Nuupts’ Ikapis Way in Port Alberni, the city’s fire chief issued a “fire order” under the Fire Control Bylaw.
The order said that no structures at that address could be used as sleeping quarters effective immediately and until the chief determined that “existing conditions no longer poses a danger to life or property.”
On July 4 of this year, the fire chief again inspected the site, the city said. “The premises was not found to be in compliance.”
A warrant was not required for the inspection, which was carried out in a reasonable manner in the circumstances, the city said.
Port Alberni did not publicize the inspection, it said. “The plaintiff San Group itself made the fact of the search public via the media, and is fully and solely responsible for any consequences of such publication.”
The city denies that the plaintiff suffered any loss, damage or expense and denies that it is liable to the forestry company.
There was no breach of the Charter of Rights and Freedoms as maintained by the San Group, the city said, and there was no trespass or misconduct.
The San Group has filed a second lawsuit against the City of Port Alberni, claiming it was defamed by the municipality in relation to the foreign worker matter.
The city has not yet filed a response to that lawsuit.
A third lawsuit was filed Aug. 16 by the San Group against Hang Kim Tran, who assisted San Group’s foreign workers with translation services, the company said.
Tran made a number of false defamatory statements to news outlets about living conditions for foreign workers who were using a trailer and mini-homes supplied by the company, the San Group said. Those accommodations are at a different location from the remanufacturing facility.
Statements have resulted in damage to the business and tainted its brand, which is sold globally, the company said.
It is asking for general damages for defamation, and special and punitive damages.
Tran could not be reached for comment on Wednesday.
No court dates have been set for the three court matters.
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