Former Peguis chief Louis Stevenson isn't giving up his gas bar business without a fight.
Stevenson lost his business last month when an aboriginal investment firm placed the operation into receivership after Stevenson failed to make a loan payment since October.
Louis Stevenson
But the lawyer for Tribal Wi-Chi-Way-Win Capital Corporation (TWCC) said a sale of the property could be held up because Stevenson won't turn over title to the land.
"They can't sell the business without the land and I'm not giving up the land," Stevenson said.
Stevenson said he has title to the land, located on the Peguis reserve, through a process in the Indian Act known as Certificate of Possession (CP). He said he bought the CP from the previous owner of the gas bar, who was also placed into receivership by TWCC when he fell behind on his loan payments.
Lawyer Grant Stefanson said TWCC is actively running the gas bar through its court-appointed receiver but added a new buyer for the business won't likely be found until TWCC can gain control of the land. Stefanson said the TWCC has formally asked the Peguis band council to pass a resolution seizing control of Stevenson's CP on the grounds he defaulted on his loan.
But the band council, on advice from its own lawyer, has turned down TWCC's request, stating it doesn't have the authority to seize Stevenson's land and fears that such a move could be challenged in court.
Stefanson said TWCC only provided a loan to Stevenson on condition he agree to give up the business if he defaulted, adding the former chief signed a document in January, 2000, stating he wouldn't try to use provisions of the Indian Act to block TWCC from getting control of the business if he defaulted on the loan.
Stevenson said the only way he'll give up title to the land is if it's bought from him -- but he won't sell it cheap.
Stefanson said he believes the band can obtain Stevenson's title to the land for a reasonable amount.
"If (Stevenson) isn't prepared to be reasonable, then someone or a court will have to impose a reasonable decision," Stefanson said.
aldo.santin@freepress.mb.ca
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