A judge has dismissed an injunction application filed against the City of Saskatoon to stop the demolition of a home in the Briarwood neighbourhood.
Lawyers for the homeowner, Yu Lui, sought the injunction to stop the destruction of the property. At the time, Lui was living in China and had only recently become aware of the situation.
In a written decision, Justice Richard Elson said, “the fact that there is no meaningful action that can be taken against the city necessarily means that the application must fail.”
This means the matter is no longer before the courts and both parties are now encouraged to talk.
Elson added, despite his decision, he hopes the city will “hold off demolition until the applicant and BNS (Bank of Nova Scotia) can determine, in a meaningful way, whether the residence is economically salvageable.” He said the demolition of the home would be “very unfortunate.”
A report filed in court by longtime Saskatoon engineer John Orr indicated there is no evidence of structural damage to the home at 166 Beechdale Cres. — mainly cosmetic.
There is extensive water damage and mould and court documents show sections of the basement ceiling and walls had collapsed.
The property had been vacant for a few years and electrical utilities were turned off sometime in 2016, according to the Saskatoon Fire Department.
Orr wrote “the sum total of costs to make the home habitable again will be approx. $20,000,” while demolition costs would be between $50,000-$100,000.
The 2,317 square foot home was built in 2007, the report said.
Land Titles lists the title value as being $710,000 and the city lists the assessed value at $650,000.
The property was purchased in 2012 for $746,902.
Orr’s report also noted, “when remediation work is done, there should be no health concern in occupying the building.”
The house is mortgaged through BNS. A lawyer for the bank told court Friday they are owed roughly $275,000 and “do not want this house demolished.” Instead, they would like to do their own evaluations on the home.
Counsel for homeowner argued there was an “unseemly haste” to destroy the house and once Liu heard of the problem he took action.
The city’s lawyer said they are willing to negotiate.
Meanwhile, the homeowner has taken legal action against alleged property manager Sky Wu.
An affidavit by Ling Ma, Liu’s lawyer, states Wu was paid managing fees regularly while he lives out of province.
Assistant fire chief Wayne Rodger noted in an affidavit the fire department contacted Wu multiple times since 2017 and he indicated to fire officials he was the owner’s representative.
Following the judge’s decision, the city released a statement saying “demolition will depend on whether a plan can be formulated with the city to determine if the property can be remediated safely, legally and quickly.”
If and when demolition proceeds, the city said it will notify surrounding residents.
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