Queen’s Bench Justice Robert Elson dismissed the application for an injunction against the City by the homeowner of 166 Beechdale Crescent. The City was set to demolish the luxury home that has been vacant since 2016 and has been in serious disrepair, with neighbours complaining about the noxious smells.
Judge Elson explained there was no statement of claim alleging any liability by the City, so legally there can be no injunction. However, he went on to say despite the legal decision, it is his hope the City will delay demolition until the homeowner and the Bank of Nova Scotia, which holds the mortgage, have had a chance to review whether the home is economically salvageable.
The City has responded to state the City could legally proceed with demolition, but it won’t happen if a plan can be formulated with the City to determine if the property can be remediated safely, legally and quickly. If the house is to be torn down, further notice will be provided to the neighbours first.
In court Friday morning, the lawyer for the owner who lives in China, Yu Liu, argued that Mr. Liu is willing to fix everything to keep the home standing and was trying to do so once he realized the situation.
Earlier this month, the City stated the home was uninhabitable. It was no longer structurally sound after the pipes burst and filled the basement with water and it had been infested with mould.
A representative for the Bank of Nova Scotia which holds the mortgage on the home said it would be the bank’s preference if the house not be demolished because after all is said and done it would be the bank or the City that would end up with the title and then they would have to market the property for sale and it wouldn’t have a new owner for at least a year.
City Solicitor, Alan Rankine stated in court that they did everything they could to contact the owner before it came to the point of demolition. He suggested the application be dismissed and the City and the Fire Department have a discussion with the owner.
Separately, Liu has issued a statement of claim against Sky Wu, who sold the house to him and is alleged to have had an agreement to take care of the property and sell it.
