Former Mission mayor seeks dismissal of defamation lawsuit

Randy Hawes claims Summit Earthworks ‘strategically using litigation to silence criticism’

Former Mission mayor seeks dismissal of defamation lawsuit Published 12:32 pm Tuesday, July 14, 2026 Former Mission mayor and MLA Randy Hawes is asking BC Supreme Court to dismiss a lawsuit from Summit Earthworks alleging defamation. Summit Earthworks filed a notice of civil claim on May 21 regarding a social media post from Hawes published ahead of a public hearing earlier this year. The social media post was related to a soil washing facility proposed for a property on Lougheed Highway in Mission, neighbouring the RCMP detachment.

Mission council chose not to move forward with the associated rezoning and official community plan amendment after a lengthy public hearing on March 2. In a notice of application from Hawes submitted on June 11, the retired politician sought an order dismissing the proceeding. “This case is a prime example of a company strategically using litigation to silence criticism or contrary viewpoints,” the application reads.

According to the document, Hawes spoke with a friend in the industry and became concerned about having a soil washing machine located at the proposed site. During research about the project and Summit Earthworks, Hawes came across an October 2022 warning letter to Summit from the Compliance and Environmental Enforcement branch of the Ministry of Environment and Climate Change Strategy, stating that soil containment contaminants beyond the regulatory requirements were discharged at two unauthorized locations in Chilliwack and Maple Ridge that required corrective measures. “Hawes understood this to mean that Summit had been sanctioned by the ministry for illegal dumping of contaminated soil in the Fraser Valley,” the document reads.

Hawes posted his concerns about the project to Facebook, which included traffic impacts, visual pollution, dust migration, noise pollution, leachate escapement, and economic alternatives. The alleged defamatory statement was also included in the post. According to the court document, Hawes’ post stated: “It is a matter of record that the proponent, Summit Earthworks, a subsidiary of a numbered company, have been sanctioned in the past for illegal dumping of contaminated soil in the Fraser Valley.”

Summit claims the statement was intended to lower its reputation “in the estimation of right-thinking members of society” and made with “malice or reckless indifference” to the truth. “The statement is, in its entirety and in its context, false and defamatory of Summit. Summit has not been sanctioned in the past for illegal dumping of contaminated soil in the Fraser Valley and Mr. Hawes knew or ought to have known this,” the notice of civil claim reads.

Hawes’ notice of application states that he made the impugned statement “on the basis of his honest and good faith understanding of the warning letter, and believed it was an accurate summary of the content of that letter.” “He felt this was relevant information regarding Summit in relation to the proposed project. He was motivated to make the Facebook post only by his desire to participate in the municipally initiated public engagement process and to meaningfully and helpfully contribute to the public debate and decision to be made by council,” the notice of application reads.

Hawes received a cease and desist letter on March 2, requesting he remove the post, publicly retract and apologize, provide a complete list of all communications made regarding Summit, and make no further defamatory statements. Per the notice of application, the letter listed seven defamatory statements — one of which was raised in the notice of civil claim. He deleted the post but otherwise did not comply with the letter’s demands, per the document.

Hawes spoke at the March 2 public hearing and voiced concerns with the project but did not repeat the alleged defamatory statement. “What is ‘really going on’ in this proceeding is evident in the cease and desist letter, which impugned essentially the entirety of the Facebook post. It was delivered to Mr. Hawes the same day as the public hearing.

It can be inferred that the purpose of the letter was to deter Mr. Hawes from participating in the public hearing and expressing his concerns and opposition to the project,” the application reads. According to Hawes’ application, the statement was true – the “discharging” of soil at unauthorized locations was “in other words, illegal dumping”. The application added that it was responsible communication on a matter of public interest.

“The ‘main thrust’ of the impugned statement was therefore substantially true: Summit was sanctioned for illegal dumping of contaminated soil in the Fraser Valley. The truth of the ministry’s assertations is not at issue: what matters is the fact of the sanction having occurred, which the warning letter – available on the ministry’s own website – is clear evidence of. The warning letter, itself, comprises the sanction,” the application states.

Summit claims the timing of the statement in relation to the public hearing created a “foreseeable risk” that it would influence public opinion and opposition to the project. As a result of the post, Summit Earthworks said it has suffered the loss of opportunity and reputation, as well as business profits. Hawes’ application claims there is no evidence of a casual link between the statement and any serious harm suffered by Summit, including the rejection of the project.

“No one who made submissions at the public hearing mentioned the Facebook post or the impugned statement. Those who spoke against the project raised concerns regarding the location, dust, noise and traffic,” the document reads. A hearing is scheduled at Vancouver Law courts on July 22 at 9:45 a.m.