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Critical Fundraising for the Rod and Gun Club

Published on 3/26/2017
The following is a copy of an email that has been sent to Salt Spring Island Rod and Gun Club members and Supporters.
What it represents is the dire need for funding in order to stay in operation. We would encourage anyone reading this
who supports fairness and justice to consider making a donation. The legal and other actions that we are fighting
  not only impact our little club it has consequences for all gun enthusiasts across BC and Canada.
We were able to announce good news at last night's monthly meeting...WE WON the latest injunction against us.
You can read the summary our lawyer sent us.  This all bodes well for our continuing battle to get back what was
taken and what they are still trying to take.  I hate to say this again, but that takes money.  Already this year ten
members have upgraded to Lifetime memberships.  This really is a win-win situation in that the Club gets the funds
it needs now and the member is saving money in the not-so long run.  It's not a donation, it's a good deal.  But
donations are good as well and people have been giving what they can.  So, read the good news below and see
if you can't bring yourself to help us keep on winning.  This is about a helluva lot more than one old gun club trying
to survive.
  1.  The plaintiffs needed to meet a two part test to get the injunction.  The first is usually a low hurdle
which is just that there is a triable issue pleaded.  In this case, the judge said that there is a real question and
serious doubt about whether there is a triable issue with respect to the environmental claims given what was
canvassed, or could have been canvassed in trial in the first action.  
  2.  The judge said that despite that, there may be a triable issue with respect to nuisance by water - that is to say the
question about whether there is a cause of action in damages or injunctive relief for water which is diverted from the
drainage ditch and flows onto the plaintiffs’ land.  Of course, this is a minor issue which could be remedied by simply
diverting the ditch, getting rid of it altogether (filling it in) or perhaps by building a settling pond.  It is likely best to wait
until the MOE process has gone through to make those decisions - there is no sense in working at cross purposes.  
  3.  The judge said that despite the fact that there may be a triable issue with respect to the movement of water, it would
not justify injunctive relief because: (a) there was no admissible evidence on whether there were contaminants in the
water flowing through the ditch; (b) there was inadequate evidence of irreparable harm - i.e. water itself is not sufficiently
harmful in these circumstances to cause irreparable harm; (c) the plaintiffs’ don’t have an obligation to accept water
flowing from your property to their property and as such could simply block it by damming their property or otherwise
diverting the water they find objectionable.  He didn’t get into the evidence any more than that (i.e. historical use etc.)
or deal with the fact that their property is already contaminated by lead from historical shooting.
    To convert your membership to a Lifetime Membership or to make a donation: Send a letter and your Cheque to
  SSI Rod and Gun Club
PO Box 442 Ganges Post Office
Salt Spring Island ,  B.C.  
 V8K 2W1
  - OR by hand delivery to
  Rental Stop Ltd
1-327 Rainbow Road
Salt Spring Island
  - OR by Email Money Transfer (EMT) via email address
  For any further explanation or assistance do not hesitate to contact  us by selecting the CONTACT US 
  button on the Home Page and selecting the email address for the Treasurer or for additional information
  including court transcripts and media reporting select the button LEGAL INFO on the Home page
  Thank you for your understanding and help at this critical time.  
John Wiebe,