Falcon Ridge condo owners back in court

The board of a long-embattled condo development in Whitehorse has filed more than $1 million worth of liens on the unfinished property.

The board of a long-embattled condo development in Whitehorse has filed more than $1 million worth of liens on the unfinished property.

The Falcon Ridge condo board says neglect of the land in question, after years of being the focus of court battles, has left it unsafe.

They say the developer told them he doesn’t have the money to complete any more work.

The developer has not filed a statement of defence. A call to his lawyer was not returned in time for today’s paper.

The board wants the Supreme Court of Yukon to allow it to step in and fix the problems and then recoup what it’s owed.

In January 2013, a Supreme Court judge halted the construction of an apartment building there because the developer, a numbered company owned by Brian Little, didn’t have the authority to put the building there.

More than a year later, in April 2014, a plan was approved to clean up the piece of bare land and to build smaller homes that would more closely resemble the nearby condos.

But as of today, the shell of the apartment building still stands.

The 2014 court order required the developer to fix drainage issues and other concerns related to the slope of the land.

According to the lawsuit, Little’s earlier work to start the apartment “created a steep, unsupported embankment underneath Falcon Drive, which is a well-travelled roadway in the City of Whitehorse.”

The area has continued to erode while no work was being done and now presents a danger, the lawsuit says.

The developer also hasn’t done anything to advance construction on the shell of a building, court documents say. The structure “has deteriorated as a result of neglect and exposure to the elements to a point where it now presents a hazard.”

Underground electrical wires and towers also remain on the property, even though there has been no progress on the building those wires were supposed to serve.

The lawsuit also mentions a pit that has been dug next to the shell of a building. It was supposed to be for a second building that hasn’t been started.

The timeline to get all this work cleaned up has been extended multiple times, the condo board claims. The latest deadline was Oct. 31, 2015.

Last week, the board was told by the developer that its “financier has decided not to continue to finance the development and is unable to complete any further work,” including constructing the units permitted by the court, the court documents say.

That has left the board in a position where it has to ask the court for help.

It has placed a $21,000 lien for unpaid condo fees and a second one for $1 million for the repair work that needs to be done, board president Helen Booth said.

The owners in the development have seen the value of their units go down and their ability to enjoy the property has been diminished because the work has not been finished, the lawsuit says. The board says it has to step in to stop any more damage from happening.

A case management conference is scheduled for Nov. 10.

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

Dawson the dog sits next to the Chariot Patrick Jackson has loaded and rigged up to walk the Dempster Highway from where it begins, off the North Klondike Highway, to the Arctic Circle. (Submitted)
Walking the Dempster

Patrick Jackson gets set for 405-kilometre journey

Liberal leader Sandy Silver speaks outside his campaign headquarters in Dawson City following early poll results on April 12. (Robin Sharp/Yukon News)
BREAKING: Minority government results will wait on tie vote in Vuntut Gwitchin

The Yukon Party and the Liberal Party currently have secured the same amount of seats

Yukonomist Keith Halliday
YUKONOMIST: The Neapolitan election

Do you remember those old bricks of Neapolitan ice cream from birthday… Continue reading

Chief Medical Officer of Health Dr. Brendan Hanley. (Crystal Schick/Yukon News)
Exposure notice issued for April 3 Air North flight

Yukon Chief Medical Officer of Health Dr. Brendan Hanley has issued another… Continue reading

Crystal Schick/Yukon News file
Runners in the Yukon Arctic Ultra marathon race down the Yukon River near the Marwell industrial area in Whitehorse on Feb. 3, 2019.
Cold-weather exercise hard on the lungs

Amy Kenny Special to the Yukon News It might make you feel… Continue reading

lwtters
Today’s Mailbox: Rent freezes and the youth vote

Dear Editor, I read the article regarding the recommendations by the Yukon… Continue reading

Point-in-Time homeless count planned this month

Volunteers will count those in shelters, short-term housing and without shelter in a 24-hour period.

The Yukon’s new ATIPP Act came into effect on April 1. Yukoners can submit ATIPP requests online or at the Legislative Assembly building. (Gabrielle Plonka/Yukon News file)
New ATIPP Act in effect as of April 1

The changes promise increased government transparency

A new conservancy in northern B.C. is adjacent to Mount Edziza Provincial Park. (Courtesy BC Parks)
Ice Mountain Lands near Telegraph Creek, B.C., granted conservancy protection

The conservancy is the first step in a multi-year Tahltan Stewardship Initiative

Yukon RCMP reported a child pornography-related arrest on April 1. (Phil McLachlan/Black Press file)
Whitehorse man arrested on child pornography charges

The 43-year-old was charged with possession of child pornography and making child pornography

Team Yukon athletes wave flags at the 2012 Arctic Winter Games opening ceremony in Whitehorse. The postponed 2022 event in Wood Buffalo, Alta., has been rescheduled for Jan. 29 to Feb. 4, 2023. (Justin Kennedy/Yukon News file)
New dates set for Arctic Winter Games

Wood Buffalo, Alta. will host event Jan. 29 to Feb. 4, 2023

Victoria Gold Corp. has contributed $1 million to the First Nation of Na-cho Nyak Dun after six months of production at the Eagle Gold Mine. (Submitted/Victoria Gold Corp.)
Victoria Gold contributes $1 million to First Nation of Na-cho Nyak Dun

Victoria Gold signed a Comprehensive Cooperation and Benefits Agreement in 2011

Most Read