CORRECTION: A previous version of this story said the judge granted an injunction. It should have stated the judge granted the homeowner more time before he rules on the injunction application.
A Briarwood home valued at more than $650,000 will not be bulldozed in the immediate future now that a Saskatoon judge has stepped in.
The homeowner, Yu Liu, lives in China and was unaware of multiple orders from the City of Saskatoon, according to court documents filed on Tuesday.
A day earlier, a city staffer who speaks Mandarin was able to tell Liu about the numerous violations — including a flooded basement and mouldy walls.
Liu paid someone else to manage the property while he lives outside of Saskatchewan, Liu’s lawyer, Ling Ma, stated. He found out about the “mismanagement” through local news, his lawyer said.
“The Applicant did not have any knowledge of the orders until his cousin who lives outside of Saskatchewan read the news and informed him,” Ma wrote.
Ma said her client sought an injunction to “preserve the property and evidence” at the home located at 166 Beechdale Cres. At this point, Liu is not alleging the city acted in bad faith, and no damages from the city are being claimed.
If the city does go ahead with demolition, Ma said a lawsuit would follow — though her statement didn’t indicate whether the city or property manager would be targeted.
On Tuesday, Court of Queen’s Bench Justice Richard Elson granted a ten-day delay on the city’s demolition plans. The measure is temporary while the sides compile evidence.
City of Saskatoon lawyer Alan Rankine opposes an injunction.
According to the city’s property assessment, the two-story home was valued at $650,300 in 2015. The 2300-square-foot home was built in 2007.
City records show someone disconnected the home from all utilities in April 2016, exposing it to “extreme conditions,” reads an affidavit from Saskatoon Fire Department assistant chief Wayne Rodger.
An inspection three years later found “a powerful toxic smell,” along with extensive water and mould, Rodger said. The conditions were described as “unsanitary and unlivable.”
Notices to remedy the problems were mailed and posted on the door on March 21, 2019, and May 22, 2019.
Liu’s lawyer wrote that the city had the owner’s phone number, but never tried contacting the owner until the last day before the scheduled demolition.
The case is expected back before a judge on Oct. 11.
With files from Nicole Stillger.
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