A former Kelowna-Mission NDP candidate who was dropped by the party on the first day of a provincial election campaign has lost a lengthy legal battle with the province.

According to a Sept. 3 BC Supreme Court decision, Eduard and Therese Dayleen Van Ryswyk began a road realignment requiring a moving a driveway was 20 years ago.

Since then, the province has paid $300,000 to the couple but has still seen the issue escalate to the courts.

However, 13 years after the Van Ryswyks sued the province for breach of contract and trespass – disputing a settlement agreement and a licence they signed in 2012, BC Supreme Court Justice Karen Douglas dismissed their case.

“The parties’ longstanding dispute is clearly personal for Ms. Van Ryswyk, who is obviously heavily invested in this litigation,” Justice Douglas said. “She gave many expansive answers, some of which were argumentative, non-responsive, and strayed into advocacy.”

The case dates back to 2006, when the province began planning to widen Highway 33 from two to four lanes. The proposal would encroach on the Van Ryswyks’ four-acre property where they ran their business, Okanagan Koi and Water Gardens.

The 61-page decision goes through a protracted play-by-play of the conversations and agreements between the business owners and the province over the years.

The couple said they were OK with the relocation of their driveway but that they wanted compensation.

While the two sides tried to come to an agreement, things didn’t go well.

In 2010, a contractor accidentally cut down trees on the property outside the Province’s right of way in error.

“Ms. Van Ryswyk was sufficiently upset about the tree trespass that she contacted the RCMP and asked them to arrest (the provincial employee responsible),” the Justice said.

The couple were later paid $43,000 in compensation.

From there, the relationship never improved.

In 2013, Dayleen Van Ryswyk ran for the provincial NDP in the Kelowna-Mission riding but was dropped on the first day of the election campaign when it was revealed that she left anonymous comments online perceived to be attacking Indigenous people and Quebecers. She later ran for Kelowna council, unsuccessfully.

During the lengthy trial, numerous former provincial employees testified and recounted their dealings with Dayleen over the years. One described the situation as “very challenging.”

“He testified that it was difficult to get them to focus on issues and that they tended to expand, conflate, and misrepresent matters and to negotiate in the public and in the presence of the media,” the Justice said.

After almost three weeks in court, Justice Douglas ruled the settlement and licence they signed was valid and dismissed their case. They are now left paying court costs.

The decision says the couple sold the property in 2011 for $1.65 million.