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March 22, 2002

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LOCAL NEWS

Mould-stricken court in limbo

Daryl Slade

Calgary Herald

Friday, March 22, 2002

It could be weeks or months before business is back to normal at Court of Queen's Bench -- if ever.

The city's highest trial court is in a state of limbo as a panel of experts assembled by Alberta Infrastructure completes tests and assesses the risks of potentially toxic mould spores discovered earlier this year in a basement storage room.

For now, there is virtually no public access to more than 170,000 files potentially contaminated with the same stachybotrys chartarum mould that caused the adjacent Alberta Court of Appeal to be closed down last year.

"It is frustrating. . . . We're taking it test by test," Associate Chief Justice Sulatycky, previously on the Court of Appeal, said Thursday. "But I have no reason to think this building itself will have to be closed down. We're kind of in a state of limbo.

"For 15 or 16 years, there has been ongoing planning for a facility to house all courts in Calgary. But it has been delayed for one reason or another and attention has not been paid to this building."

Sulatycky said he has received reports of people having symptoms of illness that may or may not have been caused by the spores, but no reports of anyone having to miss work.

Alberta Justice spokesman Bart said he spoke to staff Thursday while on a tour of the building with deputy justice minister Terry Matchett, but said he "could not provide them any answers because we don't know."

Only two designated court clerks, who wear a hepafilter mask, protective suit and gloves, have access to basement files that date back two decades and reproduce documents on an emergency basis.

"That's out of an abundance of caution," said.

"There's no evidence where (the spores) came from. The concern right now is identifying what we've got, what is the reason for it being there and how we deal with it."

The clerks scan files to be sent electronically to an uncontaminated part of the building. The new document then becomes the official record and the original is destroyed.

Sulatycky said he has given directions as to what should be provided and to whom. "Any document a judge requires is given priority, because it is needed immediately," said Sulatycky.

"If you want a big file, it takes a huge effort. I'm writing to the bar to advise lawyers to bring in their own files to court because court files may not be accessible."

Calgary is not the only place to have significant mould problems.

Several court complexes in Tampa, Fla., were closed because of toxic mould and a new complex became contaminated last year when staff transferred files and furniture from the old buildings.

Alberta Infrastructure spokesman Bray said it is unknown where the spores came from, although it is possible they originated from the appellate court next door.

"We have had mechanical engineers look at all the court facilities in Calgary and Edmonton and they haven't found anything mechanical that contributed to it," said Bray.

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