The difficulty with any proceedings in the 128 Action, leaving aside the concerns noted above, is that the issues raised in the 128 Action were addressed by Justice Truscott in an earlier proceeding: Dick v. Coquitlam (City), 2013 BCSC 1698. An appeal from that decision was dismissed in November 2014: Dick v. Coquitlam (City), 2014 BCCA 471.
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