Case Studies, Pendrell Place: Jeff Benna (Re/Max) informed of leaks, rot and litigation

Subject: PH 2, 1819 Pendrell St., MLS®: V611976 $639,000


Thanks for returning my call.

This will confirm our conversation in which I referred you to our Case Study of Pendrell Place, which you can read at

More specifically, I informed you that the Vendor of PH 2 was being sued as a member of the Strata Corporation and the Owner of Strata Lot 20, Strata Plan VR 1008, other wise known as Pendrell Place, 1819 Pendrell St., Vancouver. The Court File Number is VLC-S-S-065653, Oldaker v. Coleman, filed September 01, 2006.

This new case is in addition to other outstanding legal issues at Pendrell Place.

Furthermore, please be aware that the owners will be confronted with a special resolution on October 18, 2006, to raise additional funds regarding authorized partial repairs to the east wall, leaving further work to be funded and done at a later date.

Please provide complete disclosure to any and all potential purchasers.

You may find it helpful to refer potential purchasers to's Blog

Dr. James Balderson, Ph.D., Q.S.

COLCO: The Coalition of Leaky Condo Owners

T 604-739-4190 F 604-739-4109


Leaky condo developer Michael Audain pioneered the use of origiinal artwork to sell homes

UVic Torch -- Autumn 2006
Autumn 2006,
Volume 27, Number 2

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Art Houses
Photography by ROB KRUYT

Polygon Homes chairman Michael Audain, a Victoria College student from the Lansdowne era, makes an art of new home development.

OVER A CENTURY AGO MICHAEL AUDAIN'S GREAT-GREAT-GRANDFATHER, Robert Dunsmuir ordered construction of one of Victoria’s most distinctive landmarks: Craigdarroch Castle. Five generations later, Audain has built his own legacy. The chairman of Vancouver-based development company Polygon Homes has led the construction of thousands of homes. And while modern architecture might not have quite the same character as Craigdarroch, Audain has ensured that his company’s developments have their own aesthetic appeal—by incorporating public, homegrown works of art.

Walking into Audain’s office, one instantly senses the Victoria College alumnus’ love of the form. Abstract paintings line the hallway leading to his work space. Across from his desk, Queen Elizabeth’s II’s eyes seem to glimmer from the Andy Warhol portrait that hangs on the wall.

“Great artwork has a magical quality to it,” says Audain as he sits back and closes his eyes to speak. “Norman Mailer wrote that if you have the privilege to live with a great artwork, it enriches your life and broadens your horizons.”

Audain’s own horizon spans from BC—where his family has lived for generations—to Asia and beyond. He’s visited every Asian country except Bhutan, and has homes in Japan and Thailand. He’s lived in France, New York, Hong Kong, London and Toronto. At 17, he rode a bus from Victoria to Mexico City to see the works of the Mexican muralists of the 1920s: David Alfaro Siqueiros, Diego Rivera, José Clemente Orozco and Rufino Tamayo.

But of all the places he’s experienced, Audain is most comfortable at home in BC. “I love to go out into the woods and know every plant and animal that lives there. You can put a fishing hook in the sea and know all about the fish that you catch—or don’t catch. I feel totally comfortable, totally at home.”

Audain considers himself “a bit of a BC nationalist,” a belief stemming from his family’s deep roots in the province beginning in 1851, when Robert Dunsmuir arrived in Fort Rupert (near Port Hardy) from Scotland. Before his death in 1889, Dunsmuir had become the wealthiest (and most controversial) man in BC. He developed the rich coal fields near Nanaimo, strictly resisted attempts to unionize his workforce and received a lucrative federal contract to build the E&N Railway. Audain is connected to Dunsmuir through his son James, who served as the province’s premier and lieutenant governor. James’ eldest daughter, Sarah Byrd Audain, or “Byrdie”, was Audain’s grandmother.

Born in England, Audain moved to Victoria at age nine. Growing up, he remembers boxing with sailors from the Esquimalt navy base. He trained three times a week with the Victoria City Police Boxing Club, and traveled to tournaments across the Pacific Northwest. One year, he was the only non-Aboriginal boxer invited to fight in the Buckskin Gloves tournament.

Attending Victoria College in 1959-60, he crammed two years of academics into his time at the Lansdowne campus (now the home of Camosun College). He also held a part-time job at Butchart Gardens. “I was fairly busy at the time, and sometimes I wonder how I could have done everything…but then I recall: I didn’t have a girlfriend.”

When Victoria College and the residents of Greater Victoria started a community campaign to bring a full-fledged university to the city, he joined a “one-night blitz” fundraising challenge. Each student was given three names and addresses, and set off to solicit donations. Audain collected $1,300 from the two people he visited. The first, a shipyard worker in View Royal, was fixing his furnace at the time. Audain interrupted his work, and after hearing his pitch, the man wrote a cheque for $1,000.

He worked a variety of jobs—social worker, agricultural economist, housing policy consultant—before settling at Polygon in 1980. Audain likes to think of Polygon’s high-rises, townhouses and single-family communities as frames for public artworks. He says his company was the first developer in the province to use original artwork in its model homes. Most recently, it commissioned First Nations artist Ray Natrall to carve a traditional hunting canoe at an apartment development in Port Moody.

These days, he devotes as much as half of his time to cultural matters. With his wife, Yoshiko Karasawa, he manages the Audain Foundation for the Visual Arts. Established in 1997, the foundation has donated more than $4 million to the arts in BC and Canada. Audain has served on the board of the Vancouver Art Gallery, and was its president for two years. For him, supporting art is a way to feel connected.

“I’ve always been interested in understanding a nation or region through its artwork. My view is that art is something for everyone, that it shouldn’t be the preserve of the bourgeoisie who can afford to hang an important picture on their walls. I think art animates communities and adds to the quality of urban life.”


© 2006 UVic Communications | Last updated: Thu, 5/17/07

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Case Studies, Pendrell Place: PH 2 For Sale (again) in leaky rotten condo complex

EDITOR'S NOTE: The asking price dropped to $579,000. February 10, 2007.
EDITOR'S NOTE: The asking price for PH2 was reduced $40,000 to $599,000 (source , Thursday November 02, 1996).
----- Original Message -----
To: linda
Sent: Friday, September 22, 2006 2:36 PM
Subject: Re: Emailing: Sept 21 06 - RBO letter to David Distelmeyer re Building Envelope Renovation Strata Lot #22 Strata Plan VR 1008
Hello Mr. Oldaker,
Thank you for the e-mail.
The Strata Council recently met 18Sep06 to review the matter of the east wall remediation.
Additional funding requirements will be necessary prior to the fall'06 commencement of the construction.
The individual Owner contributions will be published in a 'Notice Of Special Meeting' to be scheduled for 18 October 2006.
Thank you for your inquiry. The Strata Council welcomes your questions to be addressed at Council Meetings. Please refer to the Strata Meeting Minutes for published dates for Council Meetings. You are welcome to attend the Strata Council Meetings.
Please address specific written questions to the Strata Council seven (7) days prior to each meeting.
Strata Agent
On Behalf of The Owners NW 1008 [sic] [VR 1008]
C. Mr. Bill Blackall
Caveat emptor:

Some Questions re Strata Lot #20 (PH2, 1819 Pendrell, just down the hall from Mr. Oldaker's uninhabitable leaky rotten penthouse condo, PH4, at Pendrell Place):

1. Is CMHC mortgage insurance available? (NO)

2. Has the building envelope renovation now been completed? (NO)

3. Is there any litigation pending? (YES)

4. Have all previous interior repairs and renovation been permitted? (NO)

5. Have there been any unrecorded alterations to the Strata Plan? (Yes)

6. Is the strata corporation in full compliance with the relevant legislation? (NO)

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MLS®: V611976 $639,000
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MLS® V611976
Vancouver, British Columbia
V6G 1T3
WE West End
VW Vancouver West
Greater Vancouver
Lower Mainland
British Columbia

Incredible 2 bdrm + den, 2 level, West of Denman penthouse. Completely renovated w/permits, hardwood floors, granite island kitchen w/stainless steel appliances & hood fan. Marble bathrooms in the luxury hotel style. Open concept main floor, just right for entertaining, w/a sunny South facing deck looking out to the ivy covered Sylvia Hotel. A private study perfect for a home office & a two piece powder room complete the main floor. Upstairs two large bdrms & a full bath w/another Sout h facing deck off the mast for morning coffee & peek-a-boo views of English Bay. You'll love it.

Property Type: Condominium
Category: Apartment
House Style: 2 Storey
Age: 25 years
Bedrooms: 2
Bathrooms: Full Baths: 1
Half Baths: 1
Central A/C:  
Condo Fee: $502.91/monthly
Central location, Recreation nearby, Shopping nearby, View, Passenger elevator, Appliances Included
House Size: 1178 sqft
Lot Size: n/a
Jeff Benna
My Website
#410 - 650 West 41st Avenue
Vancouver, British Columbia
V5Z 2M9
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Company Website
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All information displayed is believed to be accurate but is not guaranteed and should be independently verified. No warranties or representations are made of any kind.
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Place Fontainebleau (Coquitlam): Owners successful in adding defendants on second try



The Owners, Strata Plan LMS 343 v. Haseman Canada Corp.,


2006 BCSC 1457

Date: 20060919
Docket: L051694
Registry: Vancouver


The Owners, Strata Plan LMS 343



Haseman Canada Corporation, Kenji Hasegawa, Katsuo Ono, Allan Lee,
Gauvin Construction Ltd., Interplan Architecture & Planning Inc., John W. Scott,
Columbia Waterproofing Ltd., Indalex Limited, Starline Windows Ltd.,
F.E.I. Construction Ltd,. JEM Sundecks Ltd., John Doe formerly known as D & G
Decking Installations Ltd., John Doe formerly known as Pacific Engineered Concrete
Waterproofing Ltd. and John Doe formerly known as Precision Plastering Ltd.


Before: The Honourable Mr. Justice Tysoe

Oral Reasons for Judgment

In Chambers
September 19, 2006

Counsel for the Plaintiff:

A.L. Baker

Counsel for Haseman Canada Corporation:

S.G. Cordell

Counsel for Gauvin Construction Ltd.:

J.D. Morin



Counsel for Interplan Architecture & Planning Inc.

and John W. Scott:


H.B. Borlack


Place of Hearing:

Vancouver, B.C.


[1]                THE COURT:  The Defendants, Haseman Canada Corporation, Gauvin Construction Ltd., Interplan Architecture & Planning Inc. and John W. Scott, (“the Applicants”) each apply for the dismissal or stay of this action on the basis that it is abuse of process.

[2]                This action relates to the design and construction of a 130-unit complex within nine buildings located in Coquitlam, B.C.  Occupancy permits for the three phases of construction were issued between 1992 and 1996.  Water leakage and cracking of stucco was noticed by 1996.  In October 1996, a maintenance contractor recommended to the Plaintiff’s property manager that a building envelope consultant or specialist be retained.  Some repairs were effected later in that decade and extensive remediation work took place in 2004 and 2005.

[3]                On June 30, 2000, the Plaintiff commenced Action No. L001792 asserting claims against the City of Coquitlam, John Doe, and others (the "First Action”).  There was not a lot of activity in the First Action until 2005 when the Plaintiff made an application to substitute the Applicants and another party for John Doe and others.  The application was subsequently amended to alternatively seek the addition of the Applicants and the other party as defendants in the First Action, and the request for substitution was abandoned at the hearing of the application.

[4]                The application was heard by Mr. Justice Pitfield over the course of three days.  On the last day of the hearing, counsel for the Plaintiff advised the Court that it had commenced this action against the Applicants and others on the preceding day, July 7, 2005.

[5]                One of the arguments made by the Plaintiff to Mr. Justice Pitfield was that joinder of the Applicants to the First Action should be preferred to the alternative of commencing a separate action against them and applying for consolidation of the separate actions.  However, there was a very substantial difference between these two alternatives.  If the Applicants were joined to the First Action, they would have lost the right to assert a limitation defence under the Limitation Act, R.S.B.C. 1996, c. 266, as a result of the provisions of s. 4(1) of the Act.  Conversely, if the Applicants were not joined to the First Action, any limitation defence that may have accrued to their benefit would have been preserved.

[6]                There were differing positions before Mr. Justice Pitfield as to whether the limitation period had expired as against the Applicants at the time of the hearing.  It was the position of the Plaintiff that it had not expired as a result of the postponement provisions of s. 6(3) of the Limitation Act.  The Applicants maintained that the limitation period had expired.  Mr. Justice Pitfield took the approach endorsed by numerous authorities that he should consider the application on the assumption that the limitation period had expired.  The positions of each of the parties remain the same at this hearing, and it is common ground that I am not to make a determination on this application whether the limitation period expired prior to the commencement of this action.

[7]                By Reasons for Judgment issued on August 8, 2005, and cited as The Owners, Strata Plan LMS 343 v. City of Coquitlam, 2005 BCSC 1150, Mr. Justice Pitfield dismissed the Plaintiff’s application to join the Applicants as defendants in the First Action.  Mr. Justice Pitfield reviewed the extent of the connection between the existing claims and the claim against the proposed defendants, the delay of the Plaintiff, the reasons given for the delay, and the prejudice to the parties.  The essence of his reasoning was that the prejudice to the Applicants in the event they were added as Defendants in the First Action outweighed the prejudice to the Plaintiff in the event that they were not added.

[8]                On September 2, 2005, the Plaintiff filed a notice of application for leave to appeal in respect to the decision of Mr. Justice Pitfield.  A hearing of the leave application has not been scheduled and no other steps have been taken in the appeal.  On the other hand, the Plaintiff has taken numerous steps in the furtherance of this action, as well as the First Action and a third action which has been commenced to bring in additional parties, since the issuance of Mr. Justice Pitfield’s decision, including the setting of a trial date next fall.  Counsel for the Plaintiff advised me at the hearing of this application that the Plaintiff will abandon the appeal if I dismiss these applications.

[9]                The Applicants say that there are the following two bases to dismiss or stay this action as an abuse of process:


Will Harper keep his promise to leaky condo owners?

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Tories pushed over leaky condos
Group wants to make sure PM will honour vow
Peter O'Neil
Vancouver Sun

OTTAWA - A group representing some of B.C.'s estimated 65,000 victims in the $1.5-billion leaky condo crisis is giving Prime Minister Stephen Harper's government a deadline to prove it intends to honour its vow to review the government's role and possible culpability in the disaster.

A representative of Human Resources Minister Diane Finley said earlier Monday that a new option has emerged since the minister wrote to victims in July saying the government couldn't even "consider" a review while the government is being sued by some owners.

"We're currently studying options as to how we can proceed without compromising current legal proceedings, as we have recently learned that there may exist review options that will not interfere in these proceedings," Colleen Cameron, Finley's press secretary, wrote in an e-mail to The Sun on Monday.

"Unfortunately, I can not provide detail about these options at this time, only assure you that we remain committed to a review."

The president of a B.C. advocacy group said Monday she has asked the government to clarify its position by Sept. 30.

The tight deadline, she said, is intended to show whether the Harper government is sincere or just putting up "a smokescreen."

"What is clear [is that] our society does not want owners of leaky homes to be re-victimized with false hopes and used for election purposes," Carmen Maretic, president of Consumer Advocacy and Support for Homeowners, wrote in an e-mail to The Vancouver Sun.

B.C. Conservative MP John Cummins, meanwhile, has written to one leaky condo owner assuring him Harper will keep his Dec. 17, 2005 campaign promise.

"His commitment to carry out a review of the federal government's involvement or contribution to the leaky condo disaster was an integral part of his platform to clean up government and restore accountability," Cummins (Delta-Richmond East) wrote in a letter sent last week to Dan Healey.

"A commitment made by this prime minister can be relied upon. I have found Mr. Harper to be a man of his word," wrote Cummins in the letter provided to The Sun by Healey.

Finley sent a letter on July 17 to CASH, a consumer group established to seek compensation for the thousands of B.C. residents whose homes and property values were devastated by moisture damage.

"As I'm sure you can appreciate, it would not be appropriate for me to comment or to consider initiating a review into leaky condo issues while these matters are before the courts," she wrote.

CASH president Maretic, noting that leaky condo court cases were underway before the election promise, responded last week by accusing the government of breaking its commitment to voters.

Harper vowed during the election to "review CMHC's handling of construction regulations and 'leaky condos.'"

A press release accompanying the platform boasted that Conservative MPs pushed CMHC "to investigate how it failed to warn homeowners about potential problems with 'leaky condos.'"

In an exclusive interview with The Vancouver Sun after the announcement, Harper said he'd consider compensation for condo owners following the review.

Cummins told Healey he has already advised the government on options to fulfil the promise.

"It is time to get this matter settled through a competent and credible transparent review process," Cummins wrote to Healey.

"Any review, if it is to be credible, must be public and clearly independent of" the Canada Mortgage and Housing Corporation (CMHC), a federal agency.

Healey also released a letter Cummins sent to Finley in April that called on the government to strike a formal inquiry under the federal Inquiries Act.

The MP, whose research uncovered federal documents from the early 1980s warning of a potential housing disaster in coastal areas due to new federal housing regulations, said the condo disaster could very well repeat itself.

"All the factors that were in place in the late '70s are in place again," Cummins wrote, citing rising energy prices and growing pressure to build energy-efficient housing.

"Finding out what went wrong in Vancouver and the federal government's role in it may turn out to be an extraordinarily important work and have significant impact on the future."

© The Vancouver Sun 2006

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