Brandt files lawsuit against province, PCC over CNIB building project in Regina's Wascana Park

Brandt Properties Ltd. has filed a lawsuit against the provincial government and Provincial Capital Commission (PCC) over a project to redevelop the site of the former Canadian National Institute for the Blind (CNIB) in Regina's Wascana Park.

A statement of claim filed on Feb. 23 outlines how the controversial project began in 2014 when Brandt and CNIB partnered to demolish the former building and build a new, four-storey, 77,000-square-foot building. The project has been rife with public backlash, protests and some city councillors demanding greater transparency. 

The project was suspended in March 2019 when the provincial auditor ordered a review to ensure proper processes were followed regarding large-scale developments in the park.

The auditor's report indicated concerns with PCC's transparency on the project and not keeping the public informed enough.

In February of 2020, the statement of claim says, the province and PCC implemented new "procedural and substantive" requirements for the project, which included a 38-step process for new developments. This project was placed at step 23 of 38, the claim says.

Brandt and CNIB were not warned or consulted about the changes, according to the claim, before the project was put on hold again in 2020 due to the COVID-19 pandemic.

Brandt asked the City of Regina to extend the demolition permit until October of 2021, but on June 1 the city extended the permit until June 30, "which was an unreasonable and unmanageable request in that period of time and intended to put [Brandt] to unnecessary and significant expense," the claim says.

The City of Regina and Coun. Bob Hawkins — who sits on the PCC's board of directors — are named throughout the statement of claim, but are not listed as defendants.

Brandt and CNIB have been "subject to various forms of political and procedural interference and inaction by PCC, Province, City and Hawkins," according to the claim.

As a result of the "interference and inaction," the project has been "unnecessarily and indefinitely delayed, suspended and impeded," the claim says.

It's accusing the PCC and province of causing loss by unlawful means, inducing breach of contract and negligence — among other things.

Accusations in the statement of claim have not been proven in court.

Brandt is seeking "general damages in an amount to be proven at trial, including damages for lost profit and damage at large," among other things.

In an emailed statement, Brandt said:  "When we enter into an agreement with another party, we expect it to be honoured. We remained hopeful that the Government would respect the process they put in place — instead the goal posts continued to move, even after the project and process were agreed upon."