City of Trail clarifies timeline of civil case proceedings
By City of Trail
The City of Trail is providing clarification regarding recent public discussions about the timeline of an ongoing civil court matter. The following summary outlines key procedural steps and factors that have contributed to the pace of the litigation.
The Notice of Civil Claim was filed on August 24, 2023. The Defendant filed a Response on September 14, 2023, followed by an amended Response on March 25, 2025. Examinations for discovery occurred throughout 2024 and early 2025.
In early 2025, the parties began working to schedule trial dates. Although June 2025 dates were initially proposed by the Plaintiff’s counsel, a Notice of Trial was not filed. As a result, the City’s counsel filed the first Notice of Trial on May 2, 2025, setting the matter for June 2025. The Plaintiff’s counsel later advised they could not meet the filing requirements for those dates.
The parties subsequently agreed to new dates, and the trial was rescheduled for the week of March 2–6, 2026.
In November 2025, the Plaintiff filed an application for production of documents that the Defendant maintains are privileged and confidential documents. Initial discussions included possible December hearing dates; however, once it became clear the application would require two days, the parties agreed to January dates. After reviewing the supporting materials, the Defendant sought a sealing order to protect privileged information referenced in the application. No judge was available for the January hearing, and the application was rescheduled for early April 2026.
The Defendant opposed the Plaintiff’s request to adjourn the scheduled March 2026 trial, stating that the application for additional document production could have been brought earlier and maintaining its position that the documents sought are either privileged or not relevant.
The City has consistently worked to bring this matter before the Court, and the timing of the Plaintiff’s late disclosure application has directly contributed to the overall delay.
The timeline has also been affected by broader factors, including scheduling constraints within the Kelowna court registry and the availability of counsel and witnesses for both parties.
A new trial date has not yet been scheduled. Based on court availability and the schedules of the parties involved, it is anticipated that the matter will be heard in late 2026 or early 2027.
The City remains committed to participating in the legal process in good faith.
As this matter is before the Court, the City will not be providing further comment.
