Case Studies, Pendrell Place: Litigation - Case Management Transcript for October 28, 2005

(For an explanation of the Case Management process, as well as other transcripts, please refer to this post.)

The court action reference numbers for this transcript are:


Between: Richard Bedford Oldaker (Petitioner)
And: Strata Plan VR1008 (Respondent)


Between: Jamie Gonzales; Denise Maureen Hamilton; Christopher Robert Monk; Richard Bedford Oldaker; Nevena and Nikica Nojic (Petitioners)
And: Strata Plan VR1008 (Respondent)


Between: Richard Bedford Oldaker (Plaintiff)
And: Ascent Real Estate Management Corp.; Sullivan Construction Ltd.; Gregory E. Ball; Daphne Bramham; Maximo Campos; Susan Carrier; Ilpo R. Halva; Martin I. Lewis and Beverly Lewis; Owners Strata Plan VR1008 (Defendants)


Between: Christopher R. Monk, Richard B. Oldaker, Nevena Vojic, Nikica Vojic (Plaintiffs)
And: Barbara M. Coleman, Timothy Dudra, Merrill Fearon, Rizwan Hirjee, William Katerenchuk, Hilary Mason, Gordon Owens (Defendants)


Between: Denise M. Hamilton, Christopher Robert Monk, Richard Bedford Oldaker, Nevena Vojic, Nikica Vojic (Plaintiffs)
And: Gregory E. Ball, Daphne E. Bramham, Maximo Campos, Susan Carriere, Barbara M. Coleman, Susan V. Erdman, Ilpo R. Halva, Martin I. Lewis, Beverly L. Lewis (Defendants)


Between: Strata Plan VR1008 (Plaintiff)
And: Richard Bedford Oldaker, Bank of Montreal (Defendants)


Between: Jaime Gonzalez, Lynn Gonzalez, Charles Gonzalez (Plaintiffs)
And: Strata Plan VR1008 and Martin Lewis (Defendants)


Between: Richard Bedford Oldaker (Petitioner)
And: Strata Plan VR1008 (Respondant)

Case Managment 28 Oct 2005 Part 1.htm

THE COURT: Sorry, I don't really understand that. How could it be that somebody couldn't tell you the work that needed doing?

Case Management 28 Oct 2005 Part 2.htm

"This is a strata corporation that is highly dysfunctional, extremely polarized between a majority and a minority group of owners. The majority group of owners who have controlled the strata corporation for years -- and they do not include Mr. Oldaker obviously -- they instruct Mr. Stephen Hamilton to appear. I am not aware of any resolution before the owners, put before the owners, to authorize the expenditure of his fees and time to be in court on this case management conference."


Case Studies, Spinnaker West: Attending strata council meetings

October 26, 2005
Emailed to:

Dear Mary,

Re: Strata Council Meeting, LMS 0497
Your Leaky Rotten Condo, Spinnaker West

This will confirm receipt of your fax from Ann Hedley informing you that a Strata Council meeting has been scheduled for Wednesday, November 2 and that "all residential owners are welcome as guests at the meeting."

Please note that all owners have the right to attend all Strata Council Meetings as observers in accordance with the Strata Property Act.

When Ann becomes licensed as of January 1, 2006, if she does, she may pay more attention to the Act.

In the meantime, please be advised that if Art Grant or another lawyer from Grant Kovacs Norell cannot attend on your behalf, we are willing and able to do so.

Best regards during these trying times,

Dr. James Balderson, Ph.D., Q.S.
COLCO: The Coalition of Leaky Condo Owners

Case Studies, Discovery Bay (Kelowna): City warns owners foundations unsafe

City of Kelowna News Logo
1088 Sunset Drive
Oct. 21, 2005
The City has been informed by Pointe of View Developments, the developer of Discovery Bay at 1088 Sunset Drive, that a structural review has been completed by a professional structural engineer which concludes the six-storey building does not meet the BC Building Code. The foundations of both the parking structure and the residential building are under designed; that is the foundations do not comply with the structural design requirements of the B.C. Building Code. Structural requirements of the B.C. Building Code are considered to be safety aspects.

It should be noted that the City does not review or inspect the structural design aspects of buildings when a professional engineer has been retained. This is standard municipal practice in compliance with the B.C. Building Code and Local Government Act.

Based on the information provided by the professional engineer retained by the developer in this case, the City has a duty to warn owners and occupiers that there could be a safety issue. The level of safety for each of the 236 condominium units is not known at this time and will be determined as the analysis is carried out. Whether residents continue to occupy the residential building while the investigation is completed and remedial measures are carried out is best determined by the qualified professionals working on behalf of the Strata Corporation and the developer.

The developer is working with the structural engineer, a geotechnical engineer and a shoring engineer to examine options for remediation. The City has indicated to the developer that an increase in remediation efforts should be implemented expeditiously, and the City will be monitoring remediation to ensure the building is brought up to an acceptable standard. Since problems were first noticed several months ago, the developer has indicated complete willingness to work with all parties involved to address the matter satisfactorily.

The developer has advised the strata council of the results of the report, this occured on the afternoon of Tuesday October 18th. The City has followed that action with a letter to all owners and occupiers to ensure they are fully aware of the situation. These letters were hand delivered and mailed late on the afternoon of Wednesday October 19th.

The City will be meeting with all interested parties over the next several days to gain further details. More information will be forthcoming as it becomes available.

Construction on Discovery Bay began in 2001. Most units in the six story building have been occupied for one year or longer. Discovery Bay is adjacent to the walkway to Rotary Marshes north of Waterfront Park. It should NOT be confused with the highrise buildings in the same general area.


Condo president pleads guilty; 78-year-old stole for six years

Article Courtesy of The Sun Sentinel (South Florida)

By Missy Stoddard
Posted October 20, 2005

A 78-year-old Century Village resident who was the president and treasurer of her condominium association pleaded guilty Wednesday to stealing $17,250 from the association's coffers.

Shirley Epstein has repaid the money to the Sheffield Q Condominium Association and will also have to pay court costs, according to Assistant State Attorney Frank Castor. The prosecution opted not to place Epstein on probation.

"It's pointless to try to rehabilitate a 78-year-old," Castor said. "She's not in her position anymore and she's now a felon and has paid the restitution in full."

Epstein declined to comment when contacted at her home Wednesday morning.

In 1998, she began writing herself checks on a monthly basis from the association's account, Castor said. The thefts were discovered in 2004, in part as a result of the association needing to pay for damage caused by the hurricanes at the complex west of West Palm Beach.

Neighbors and fellow board members were shocked when they learned of Epstein's deceit.

"Some members here were so hurt, they would have liked to see her put in jail," said Marion Walters, the association's current treasurer. "She acts like nothing happened."

Though Epstein has never personally apologized to her neighbors, she did write a letter of apology to the board, according to Walters.

Phyllis Kane, the association's secretary, said it's awkward and uncomfortable running into Epstein on the property.

"You have coffee with them, you go to funerals with them, you commiserate with them and then they steal from you," she said.

Case Studies, Spinnaker West: Soggy walls

Monday October 17, 2005, approximately 3:45 p.m.

Dear Mary,

Re: Your Leaky rotten Condo: Spinnaker West

It has been raining, as usual.

Your walls are wet and soggy, as usual.

A ladder is up to the roof at Clive's stairway, not usual.

Maybe the roof is leaking, or the skylights.

The roof and skylights are part of the leaky building envelope.

Maybe you want to call the President or the Property Manager to find out what's going on.

Maybe some owners get preferential treatment.

The Minutes of the last meeting have not arrived in your mailbox at Spinnaker West.

Did you receive the Minutes in Japan?

Dr. James Balderson, Ph.D., Q.S.
COLCO: The Coalition of Leaky Condo Owners

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