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Bjola faces civil lawsuit

Sysco Victoria sues developer for $2.3 million

Victoria developer Les Bjola and two of his businesses are named in a $2.3-million civil suit over perceived breaches of a contract to build a food-distribution warehouse at Millstream Meadows in Langford.

The warehouse is part of Goldstream Meadows Business Park off Westshore Parkway.

The building, expected to be completed next year, is among the largest in the region at 180,000 square feet.

Sysco Victoria Inc. filed papers in 91原创 Supreme Court on June 17, naming Bjola and Vance Walle and businesses Wilfert Holdings Corporation and Emerald Park Estates Ltd.

Bjola is the sole director of Wilfert Holdings, while Emerald Park Estates has both Bjola and Walle named as directors.

A statement of defence filed July 23 denies that Sysco suffered any loss or damage. Any improvements Sysco took on were by choice or due to its own delay or negligence, said the document.

Sysco hired Wilfert in 2004 to purchase land for development, specifically to build a warehouse.

A year before, in July 2003, Wilfert had agreed to purchase the land from Goldstream Meadows Ltd., and in November 2004, Emerald Park assumed interest in the property, then valued at $8 million.

On Dec. 1, 2004, the property was transferred to Sysco for $6 million.

Sysco alleges insufficient fill was brought onto the site and bringing it up to the grade required by the City of Langford will cost $450,000.

Sysco also alleges there was a related contract breach to do with "preloading" the site with fill prior to construction.

The remedy has so far cost $500,000 and could reach $850,000 in future, said the statement of claim.

Also, Sysco alleges the developers failed to meet municipal standards for suppressing noise with berms and walls. Sysco is asking for $500,000 to cover the additional costs of addressing the problems.

Finally, Sysco said the defendants failed to provide sanitary sewer connections as required by the contract, resulting in a shortfall of $905,000.

Sysco is seeking damages for breach of contract, misrepresentation, interest and costs.

None of the allegations has been proven in court.