On February 27, 2019, the Town of Comox Council Committee of the Whole voted to hold a public meeting between themselves, the Mack Laing Heritage Society (MLHS) and the so-called Friends of Mack Laing Nature Park (FMLP) on matters related to the Mack Laing Trust.
While the MLHS appreciates being invited, we expected there to be some discussion regarding the format of this proposed meeting – not a unilateral announcement. There has been no attempt to contact us for this purpose.
The cover letter below and the attached letter, have been sent to Comox Mayor and Council and various media.
To the Mayor and Council of Comox:
1) We appreciated being invited to the public meeting to discuss the Mack Laing Trust, but will not be able to participate for the reasons discussed in our attached letter.
2) In our view, the purpose of any meeting between MLHS and Comox is to have a two-way discussion, with Q&A from both sides, based on facts displayed in the court exhibits, with a goal of reaching a solution and staying out of court.
3) MLHS suggests that the options for going forward include providing information which is lacking and would be helpful in reaching a solution, and points of law regarding Mack Laing Trust (e.g. the “Park Trust”, the “Museum Trust”, the “Art Trust” and the “Trust Funds”, as defined in various court submissions) would be discussed.
4) MLHS requires formal input into the format of any meetings, as negotiators and as equal partners in any proposed meeting.
5) MLHS was surprised that Comox did not consult them on a meeting structure.
6) MLHS agreed to a 4 month extension, as required by the Court Order, in order to afford time to give an opportunity to negotiate a solution, and we are hopeful that negotiations can happen.
7) MLHS, the AGBC and Comox are the only parties in this court action. Inclusion of other parties is not acceptable, would be an enormous complication, and most certainly would result in failure and a return to court. We hope that a balanced subset of council can meet with us in a setting that we can all agree upon to discuss how to solve this matter without returning to court. We look forward to that process.
8) MLHS would agree to the presence of a lawyer well versed in trust law, who is agreeable to all parties, but not anyone currently involved in the court action.
9) MLHS intends to provide the media with this email and the formal letter : https://macklaingsociety.ca/wp/wp-content/uploads/2019/03/MLHSLetter-to-Comox-Mar-2019.pdf