LIIDLII KUE/FORT SIMPSON - The senator for the Northwest Territories is asking for $775,000 in damages in a civil suit against a number of parties including the Village of Fort Simpson and the territorial government.

Senator Nick Sibbeston is involved in a suit launched on June 18, 2007 in the Supreme Court of Canada. The plaintiffs include Sibbeston, his wife Karen, Bannockland Resorts Ltd. and Ehmbee Ltd.

The case is related to Bannockland, a bed and breakfast owned by the plaintiffs. According to court documents, construction on Bannockland was finished by the spring of 1996. In November 2006 the owners learned Bannockland had been built in a location considered geotechnically unstable.

The soil under the building is subject to ongoing settlement through the thawing of fine-grained soil with excess ice. The soil in the area is also subject to mass movement and overall slope failure that could possibly result in the collapse of the silt supporting the building, according to the amended statement of claim.

The plaintiffs allege that by November 2006 the soil changes had already caused significant damage to the building including allowing the northwest and southeast corners of the building to settle at different rates.

The suit alleges the damages were caused or contributed to by the negligence of the Village of Fort Simpson, the territorial government, municipal engineer Denis G. Bedard, the engineering company Scheunhage Popek & Associates Ltd. of Alberta, their engineer Henry J. Scheunhage and the builder Value Master Homes G.G. of Alberta.

The revised statement of claim says the Village of Fort Simpson is partially responsible because it failed to warn the plaintiff the soil on the lot was unsuitable for the Bannockland building.

It goes on to say the village failed to take any reasonable steps to determine if the land was suitable before rezoning the lot to allow for the construction of Bannockland and issuing a development permit.

Mayor Duncan Canvin said the village has no policies about checking the suitability of soil before zoning land or issuing building permits. Those responsibilities normally lie with the builder or developer prior to starting construction, Canvin said.

The mayor said he was unable to comment further because the suit is an ongoing legal matter.

The suit makes similar claims against the territorial government, specifically the Department of Municipal and Community Affairs.

The government approved the rezoning of the lot and the building permit with the knowledge the soil was unsuitable or without determining if it was, according to the court document.

The Department of Municipal and Community Affairs was unable to respond to general questions about their policies by press time. Nick Sibbeston also didn't return calls for comments on the suit.

The court document states the $775,000 being sought in damages will cover the cost of relocating Bannockland, building a new basement, repairing the building and covering business lost due to the move.