The Telegram (St. John's)

Resorting to legal action

Corner Brook court may consolidat­e four related actions involving Humber Valley Resort

- BY GARY KEAN

There is a chance four court actions revolving around the same issue involving Humber Valley Resort will be consolidat­ed into one proceeding.

All four cases were on the docket of the Newfoundla­nd Supreme Court in Corner Brook this week and were called by Justice Frances Knickle at the same time.

The cases involve two statements of claim filed by 61839 Newfoundla­nd and Labrador Ltd., which represents the current owners of the resort. The numbered company has filed action against Philpott’s Realty Co. Ltd. and against a group involving Canex Developmen­t Corp. Ltd.

Canex, which is now defunct, was part of the original ownership structure of Humber Valley Resort before it was sold in 2006.

Philpott’s Realty is a company owned by Rex Philpott, one of the original directors of Canex and the Humber Valley Resort Corp. The other directors were Brian Dobbin and Keith Smith.

The two other court files involve Philpott’s Realty being sued by Noton Enterprise­s Ltd., and Philpott being sued by Humber Valley Constructi­on Ltd.

Noton is owned by Katie Watton, who is among the ownership consortium that bought Humber Valley Resort in 2010, while Humber Valley Constructi­on was among the assets also bought in the 2010 deal.

All of the statements of claim are in regard to Lot 83 at the resort and the luxury chalet built on it. Philpott claims to own it, but the newest owners of the resort say it’s either theirs or Philpott still owes $1.3 million for the property.

Philpott disputes the claims against him, saying he owns the land and his debt was settled with the former ownership group before the resort was sold in 2006.

In court, Keir O’flaherty and Derek Watton jointly represente­d 61839 Newfoundla­nd and Labrador Ltd., while Paul Dicks represente­d Noton Enterprise­s. Kevin Stamp represente­d Philpott and his company, while Joe Thorne represente­d Dobbin and Smith.

No one represente­d Canex, and the court was told it was not likely anybody would.

There are applicatio­ns before the court seeking a trial and to have the matters consolidat­ed.

Knickle set dates for lawyers to file various arguments and documents in the next two months and set the cases to be jointly called again Nov. 16 to set a date to hear the applicatio­ns.

At one point, Stamp indicated he may want to call Katie Watton, who owns Noton Enterprise­s, and her husband, lawyer Graham Watton, to give evidence on the applicatio­ns.

Graham Watton and his firm prepared the statements of claim on behalf of the resort.

 ?? SALTWIRE FILE PHOTO ?? A security guard at the entrance of Humber Valley Resort lets a vehicle through.
SALTWIRE FILE PHOTO A security guard at the entrance of Humber Valley Resort lets a vehicle through.

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