BC Supreme Court rules Sooke road dispute involving YMCA can continue to trial

A BC Supreme Court judge has ruled that a long-running legal dispute over access to a remote road near Glinz Lake in the Sooke area can continue, despite finding there had been significant delays in advancing the case.

The lawsuit, originally filed in 2010, centres around a dispute between two landowner companies, Jaico Corp. and 1352115 Alberta Ltd., and the YMCA – YWCA of Greater Victoria, Inc. over access to a remote road near Glinz Lake in the Sooke area.

The Capital Regional District (CRD) and the Province of BC are also named in the case.

According to the decision released May 22nd in BC Supreme Court, the plaintiffs own property north of Glinz Lake and are seeking access through a road that crosses YMCA lands near Camp Thunderbird and the Y Outdoor Centre.

The plaintiffs argue the route, referred to in court documents as Settler’s Road or Glinz Lake Road, is a public highway and should remain accessible.

The YMCA has maintained a gate along the road for more than 50 years.

The plaintiffs are seeking declarations that the road is public, damages for alleged interference with access or, alternatively legal easement rights over the road.

The YMCA applied to have the case dismissed for want of prosecution, arguing the lawsuit had experienced lengthy periods of inactivity over its roughly 15-year history.

Justice Laurie agreed the delays were “inordinate” and largely “inexcusable,” noting there were substantial gaps where little progress was made.

However, the judge ultimately ruled it was still in the interests of justice for the case to proceed, citing the advanced stage of the litigation, the amount of evidence already gathered and the fact a 15-day trial is now scheduled for April 2027.

The court also dismissed a separate application from the plaintiffs seeking an interim injunction that would have forced the YMCA to immediately open the gate and stop restricting access to the road while the lawsuit proceeds.

In denying the injunction, the judge found the plaintiffs had not demonstrated irreparable harm and noted the gate has existed since before the lawsuit was filed.

The court also accepted evidence from the YMCA that the gate serves safety and security purposes connected to the operation of Camp Thunderbird and related programs.

The underlying issues surrounding the status of the road and access rights are expected to be determined at trial in 2027.