BC’s highest court has denied an appeal of a damage award in a legal case involving the Motoplex Speedway in Spallumcheen.
The developer of Lawrence Heights, a nearby residential community, says noise from the track has delayed development of lots, resulting in lost revenue and profits.
Last year, a BC Supreme Court judge ordered the track owner, Okanagan Aggregates, to pay 100-thousand dollars in damages, and to limit noise to 80 decibels during events.
Lawrence Heights, which had been seeking up to $6.3 million, appealed the amount, but the BC Court of Appeal found no reason to change the damage award.
“No basis upon which to interfere with judge’s factual findings. Damages award was not inordinately low. It was open to judge to decline to amend injunction,” says the ruling by Madam Justice Newbury, Mr. Justice Lowry, and Madam Justice Dickson.
It’s not known when — or if — activity will resume at the track, which has been quiet since June of 2015.
CLICK HERE to read the judgement.