Women respond to Banks' lawsuit with legal action of their own
Published on July 22nd, 2010
Wayne Thibodeau
One of the most powerful businessmen in Prince Edward Island is being accused of intimidation and has been slapped with a multi-million dollar lawsuit.
Tim Banks and his company, Pan American Properties, is facing a counterclaim on a lawsuit he launched in connection with his plans to build a $22-million hotel at the corner of Water and Queen streets in Charlottetown.
Banks sued Judy Gallant and Lys-Ondray Goulet, calling their appeal of his hotel to the Island Regulatory and Appeals Commission frivolous. That lawsuit is still before the courts.
Now the two women are suing Banks and his company.
In their statement of defence and counterclaim, the women deny all of the allegations brought forward by Banks. They are also calling for punitive and aggravated damages of $1 million each, $50,000 each in general damages for intentional infliction of mental suffering as well as legal costs.
“(Banks) action was brought for an improper purpose, is designed to intimidate Gallant into abandoning her appeal and to frustrate Gallant’s statutory appeal right,” says court documents filed by Peter C. Ghiz, the women’s lawyer.
A similar document is filed by Ghiz for Goulet, also alleging intimidation by Banks.
“On or about May 2010 Tim Banks asked Goulet to attend his office,” the court papers say.
“During the meeting Banks showed Goulet and Gallant the claim in conjunction with other discussions designed to intimidate Goulet and Gallant into abandoning their appeals.”
Banks admitted in an earlier interview with The Guardian that he had met with the women.
“They were up in my office, we were trying to hammer out some solution. I was trying to find out what their issues are and if we could address them,” Banks said. “We couldn’t come to terms.”
Banks developed the project, calling it the Welsh-Owen Hotel and Plaza Development, proposing a 120-room hotel, a parking garage with about 63 spaces, 14 fully furnished apartment units and six condominium units.
The women say they are appealing the city’s approval of the project because of the lack of notice by planning board to ensure the public had a chance to attend a meeting, a perceived conflict of interest and because of concerns about snow removal.
Banks was not available for an interview on Wednesday, but in an earlier interview he said the final straw for him was when the women asked the Island Regulatory and Appeals Commission for a two-week adjournment.
“I’m under the gun here. I have time issues. We only have until the end of the month to sign off on our deal,” Banks said earlier.
“I just said at that particular point I’ve had enough of this silliness. We have people gainfully employed here, we have an investment, we’re trying to do something, we’ve abided by the rules, we’ve done everything heritage board has asked us to do, planning board, everything, the development officers, the fire marshals, we’ve accommodated everybody to the best of our ability.
“We’ve tried to build balance in our project and here we are, months from our original decision and all of a sudden a couple of ladies with no actual claim, with no evidence or any expert witness to come forward to even support their allegations, they’re all of a sudden wanting to have the hearing adjourned even further. At that particular point, the gloves have to come off.”
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