Yellowknife (Dec 24/04) - Camillus Engineering Consultants Ltd. has been instructed to pay more than $100,000 in security for costs as its four-year-old lawsuit over the Fort Simpson sewage treatment plant plods along.

Justice Virginia Schuler ordered Camillus to put up $72,000 for legal costs that could be awarded to the Village of Fort Simpson and $30,485 for the Commissioner of the NWT, both of whom are defendants in the case.

Cam Marianayagam, president of Camillus Engineering, filed the lawsuit against the Village of Fort Simpson on Nov. 21, 2000. He is claiming that he was not fully paid under a contract to build a sewage treatment plant. The court action resulted in a series of liens and related lawsuits.

Schuler noted that Camillus, formerly based in Yellowknife, is no longer active in the NWT and there is no evidence that the company still has assets in the territory. Marianayagam now resides in Ontario.

In addition, Camillus has failed to pay other costs related to the court proceedings. Because it appears that the plaintiff may be unable to come up with the money as the case continues, Schuler agreed with the Village's lawyer that the payment should be made up front in the form of security for costs.

Marianayagam was not present at the special chambers hearing on Dec. 14.

Fort Simpson Mayor Raymond Michaud was tight-lipped about the possible outcome of the lawsuit.

"There's always an end, but probably the end is not what you expect," he said, adding that he cannot comment any further on an active court case.

Asked how much the village has spent in legal fees on this case to date, Michaud replied, "I have no idea -- all I know is lots."

Reg Bellefontaine, one of several sub-contractors who is still owed tens of thousands of dollars for work related to the plant, is not optimistic he'll ever receive payment.

"To me it's really become a dead issue, it's irrelevant. There's nothing that can be done," he said. "You just have to swallow your losses."