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Ship's lawyers now accepting compensation claims from oil spill

It took just one hour for 29,000 litres of bunker fuel to foul the Howe Sound, but it'll take shipping company lawyers months to get through claims for compensation.

It took just one hour for 29,000 litres of bunker fuel to foul the Howe Sound, but it'll take shipping company lawyers months to get through claims for compensation.

Bernard and Partners marine law firm is now accepting applications for compensation on behalf of Gearbulk, the owner of the Westwood Anette, and numerous organizations, from the federal government to the Squamish Windsport Society, say they'll be filing claims.

"We lost out during the biggest weekend of the year," said Windsport director of finance and operations, Jean-Michel Tremblay. "We lost about $400 to $500 a day during those three days. And we're continuing to lose while the spit's closed."

The District of Squamish reopened the windsurf spit late Wednesday (Aug. 16). Tremblay said that businesses such as restaurants, lodging facilities and sailing equipment stores also suffered from the loss of hundreds of visiting windsurfers and kiteboarders. Fishing guides and equipment suppliers have also reported substantial loss of business.

The district will also pursue claims while helping businesses recuperate their losses.

"The responsible party, whoever that is at the end of the day, is responsible for compensation," said Mayor Ian Sutherland. "So definitely, at the end of the day, businesses that have lost business, or extra cost to the district or to individual homeowners, whoever it might be Certainly the district will be doing its part to ensure that everyone who has a reasonable claim gets compensated for it."

A stakeholder meeting was held in Squamish on Tuesday (Aug. 15), but the discussion revolved around cleanup efforts. There was no mention of compensation methods, said Tremblay. But a recent district news release states that the law firm representing Gearbulk is now accepting claims.

"The vessel owners have established a compensation claim process for this incident," states the news release. "Further details are forthcoming, but documented submissions can be forwarded now to: Bernard and Partners - Attn: Mr. Roger Day (Westwood Anette Claims), 1500 - 570 Granville Street, Vancouver, B.C. V6C 3P1 Phone: 604-681-1700 Fax: 604-681-1788."

Sutherland said that the process "drags on way too long" and suggested residents be "vigilant" when filing claims.

"Part of that is to make sure people who file claims include all the information that's needed and base their claims on things that can be substantiated," he said. "I know one of the problems with Cheakamus with some of the claims was they weren't backed up with the information needed so the claim could be judged."

MLA Joan McIntyre said she would use all her influence to ensure residents are reimbursed. But the province will also be busy with its own demands.

"We have legislation in British Columbia, laws on the books that will allow us to recover the full cost of our response to the spill including any ongoing remediation or habitat restoration work that needs to take place," said Environment Minister Barry Penner. "That would include any cost that the province may incur as a result of any injured wildlife."

Sutherland said that the district intends to hold a public information meeting in the fall, "letting people know what happened and how it was dealt with the steps that are taken to make sure it doesn't happen again."

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