Condo case back in court

The latest in the long-standing saga of the Falcon Ridge apartment project made its way back to the Supreme Court of Yukon this week.

The latest in the long-standing saga of the Falcon Ridge apartment project made its way back to the Supreme Court of Yukon this week.

The developer is asking the court for permission to finish constructing a smaller version of the apartment building that was halted last winter.

In January, Justice Ron Veale ruled the developer had not obtained the proper consent needed to build.

He ordered the construction to stop and nothing new be built without the consent of all the unit owners.

Back in Veale’s courtroom this week, the developer, a numbered company run by Brian Little, asked the judge to consider new plans.

The developer now wants to build an 18-unit structure instead of the 24-unit building they originally planned for along with five separate homes, lawyer Daniel Bennett said.

The developer claims to have consent from the owners of 44 of the 88 homes in Falcon Ridge.

Four of those units are owned by Little and 11 are still owned by the numbered company, the court heard.

Some of the owners chose to spend the day in the courtroom gallery. A few took the chance to speak directly to Veale.

Rick Karp was one of the first people to buy a condo in Falcon Ridge back in 2005.

He urged the judge to allow the building to move forward. He said it is important for the litigation to end so that money can be spent on other things.

Karp insists that when he purchased his unit he was aware that an apartment building on the land in question was a possibility.

Others had strong feelings about tearing down the skeleton of the unfinished building.

Fabian Glyka told the court he had a choice of lots when he bought his home a few years ago.

Had he known that there was going to be an apartment building across from his home he may have built somewhere else, he said.

He told Veale no one ever told him about an apartment building.

Grant Zazula told the court he has felt intentionally confused and deceived by the developer.

He expressed concerns about what will happen to property values if the building is completed.

The area already struggles with parking and an apartment building would increase traffic, he said.

Zazula said he doesn’t trust the developer to look out for his best interests, and he believes the building should be taken down.

The board’s lawyer, Jim Tucker, said there is no application to have the building torn down.

That piece of property belongs to the developer and is theirs to do with as they wish – as long as they follow the rules, he said.

The only time the board may step in is if the unfinished property becomes unsafe. That may mean seeking a court order to take it down, he said.

He questioned whether the consents the developer claims to have gathered were done in accordance with the territory’s regulations.

After listening to a full day of arguments between the two sides, Veale asked for input on his authority in the matter.

If he does not agree with the developer’s plan, Veale asked whether he would have the legal ability to order some other form of housing be built on that particular plot of land.

Both lawyers agreed that is a possibility.

This is not the end of the case.

Today, both sides will argue over claims by the board that it’s owed about $2 million from the developer in fees and interest.

Contact Ashley Joannou at

ashleyj@yukon-news.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Whitehorse and Carcross will be among seven northern communities to have unlimited internet options beginning Dec. 1. (Yukon News file)
Unlimited internet for some available Dec. 1

Whitehorse and Carcross will be among seven northern communities to have unlimited… Continue reading

Willow Brewster, a paramedic helping in the COVID-19 drive-thru testing centre, holds a swab used for the COVID-19 test moments before conducting a test with it on Nov. 24. (Crystal Schick/Yukon News)
An inside look at the COVID-19 drive-thru testing centre

As the active COVID-19 case count grew last week, so too did… Continue reading

Conservation officers search for a black bear in the Riverdale area in Whitehorse on Sept. 17. The Department of Environment intends to purchase 20 semi-automatic AR-10 rifles, despite the inclusion of the weapons in a recently released ban introduced by the federal government, for peace officers, such as conservation officers. (Crystal Schick/Yukon News file)
Environment Minister defends purchase of AR-10 rifles for conservation officers

The federal list of banned firearms includes an exception for peace officers

Yukonomist Keith Halliday
Yukonomist: The K-shaped economic recovery and what Yukoners can do about it

It looks like COVID-19 will play the role of Grinch this holiday… Continue reading

Fossil finds at Mt. Stephen. (Photo: Sarah Fuller/Parks Canada)
Extreme hiking, time travel and science converge in the Burgess Shale

Climb high in the alpine and trace your family tree back millions of years – to our ocean ancestors

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Mask fundraiser helps make children’s wishes come true

From Black Press Media + BraveFace – adult, youth and kid masks support Make-A-Wish Foundation

Colin McDowell, the director of land management for the Yukon government, pulls lottery tickets at random during a Whistle Bend property lottery in Whitehorse on Sept. 9, 2019. A large amount of lots are becoming available via lottery in Whistle Bend as the neighbourhood enters phase five of development. (Crystal Schick/Yukon News file)
Lottery for more than 250 new Whistle Bend lots planned for January 2021

Eight commercial lots are being tendered in additional to residential plots

The Government of Yukon Main Administration Building in Whitehorse on Aug. 21. The Canada Border Services Agency announced Nov. 26 that they have laid charges against six people, including one Government of Yukon employee, connected to immigration fraud that involved forged Yukon government documents. (Crystal Schick/Yukon News file)
Charges laid in immigration fraud scheme, warrant out for former Yukon government employee

Permanent residency applications were submitted with fake Yukon government documents

Whitehorse City Hall. (Joel Krahn/Yukon News file)
City hall, briefly

A look at decisions made by Whitehorse city council this week

Karen Wenkebach has been appointed as a judge for the Yukon Supreme Court. (Yukon News file)
New justice appointed

Karen Wenckebach has been appointed as a judge for the Supreme Court… Continue reading

Catherine Constable, the city’s manager of legislative services, speaks at a council and senior management (CASM) meeting about CASM policy in Whitehorse on June 13, 2019. Constable highlighted research showing many municipalities require a lengthy notice period before a delegate can be added to the agenda of a council meeting. Under the current Whitehorse procedures bylaw, residents wanting to register as delegates are asked to do so by 11 a.m. on the Friday ahead of the council meeting. (Crystal Schick/Yukon News file)
Changes continue to be contemplated for procedures bylaw

Registration deadline may be altered for delegates

Cody Pederson of the CA Storm walks around LJ’s Sabres player Clay Plume during the ‘A’ division final of the 2019 Yukon Native Hockey Tournament. The 2021 Yukon Native Hockey Tournament, scheduled for March 25 to 28 in Whitehorse next year, was officially cancelled on Nov. 24 in a press release from organizers. (John Hopkins-Hill/Yukon News file)
2021 Yukon Native Hockey Tournament cancelled

The 2021 Yukon Native Hockey Tournament, scheduled for March 25 to 28… Continue reading

Most Read