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Deh Cho Bridge lawsuit sent to arbitration Former project manager and chief engineer seeking more than $1.3 million combined in back payTerrence McEachern Northern News Services Published Wednesday, February 16, 2011
Earl Blacklock, manager of public affairs and communications for the GNWT's Department of Transportation, confirmed that the case is in arbitration, but was reluctant to offer any other details on the arbitration process.
"It's not a rule, but we don't want to have the arbitration process affected by media coverage," Blacklock said on Feb. 10.
On Dec. 9, 2010, the two sides agreed on Jim McCartney of Alberta as the sole arbitrator in the case.
Court documents filed in Supreme Court confirm that Justice Virginia Schuler, with the consent of both parties, allowed the case to be withdrawn from the court on Jan. 19, 2011, to go into arbitration. The two sides had until Feb. 11 to submit any further affidavits - sworn, written statements.
Jivkov, seeking $817,854.34, and Gamble, who wants $533,981 in compensation, filed affidavits on June 18, 2010, as did Kevin McLeod on Dec. 16, 2010. McLeod, director for highways and marine for the GNWT's Department of Transportation, became project director for the Deh Cho Bridge on April 1, 2010, according to the affidavit.
Gamble and Jivkov have a deadline of today, Feb. 16, to file any written submissions to the court. The respondents have until Feb. 23 to do the same. Once these deadlines have passed, the two sides are required to contact and advise the court clerk in writing of their availability for a "one-day special chambers date" to hear the applications on both matters.
Besides the Deh Cho Bridge Corporation, other parties named in the lawsuit include the GNWT, the Commissioner of the NWT, Joachim Bonnetrouge in trust for the Deh Gah Got'ie Dene Band, and the Fort Providence Metis Council. Jivkov and Gamble have an additional motion before the same arbitrator to prevent the corporation from transferring assets to the GNWT.
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