LIIDLII KUE/FORT SIMPSON
Fort Simpson businessman Reg Bellefontaine has filed a lawsuit against the GNWT Department of Environment and Natural Resources in an ongoing fight over a contract to run Fort Simpson's recycling depot.

The lawsuit, which was filed Jan. 10, is the latest development in the case, which saw Bellefontaine successfully appeal the awarding of the contract to competitor Rowe's Recycling in 2016.

When the department re-issued a call for applications from businesses who were interested in the contract in December, Bellefontaine declined to put his name forward, opting instead to file a statement of claim arguing he should have been automatically awarded the contract after his appeal succeeded.

In his suit, Bellefontaine claims the decision to put out a second call for proposals would "unfairly favour Rowe's Recycling" and showed prejudice toward Bellefontaine's business, Triple "J" Marine Services.

Before filing his lawsuit, Bellefontaine told the Deh Cho Drum in an e-mail he had been told his application for the recycling depot licence had scored well.

"I believe I already won the right to be the licence holder in Fort Simpson," he stated.

"It is easy now to see that governments can act arbitrarily. It is still hard for me to accept that such actions can occur when I was promised in writing by the (department) that this would be a fair and transparent process."

The lawsuit does not include information on potential damages or rulings Bellefontaine would be seeking. However, speaking to the Deh Cho Drum via phone, Bellefontaine said he will be seeking a ruling that the department is in the wrong, as well as compensation for five years' wages lost. Five years was the initial term of the contract, he added.

The history of the lawsuit dates back to May, when Bellefontain and Rowe's Recycling both bid on the contract for Fort Simpson's recycling depot.

Rowe's Recycling was awarded the licence after the call for applications ended on May 30. However, Bellefontaine appealed the decision, citing a failure on the part of Rowe's Recycling to provide proof of being a registered partnership.

The department brought in a third-party adviser to provide recommendations on Bellefontaine's appeal, which is a routine procedure when an appeal is filed, according to department spokesperson Judy McLinton.

The department ultimately upheld the appeal and re-issued a call for applications in December, with a closing date of Dec. 16.

The Department of Environment and Natural Resources declined to comment on Bellefontaine's lawsuit.

Rowe's Recycling could not comment by press time.