Media Alert: CTV's W-FIVE investigates leaky condos and other shoddy new homes

Media Alert November 1, 2007

COLCO: The Coalition of Leaky Condo Owners

 

“Leaky rotten condos and other defective residential construction issues continue to plague homeowners in British Columbia”, says James Balderson, spokesman for COLCO: The Coalition of Leaky Condo Owners.

 

An investigation of BC’s leaky condo problem and other shoddy work by developers across Canada is scheduled for the CTV W-FIVE programme on Saturday, November 3, 2007 at 7pm with a repeat broadcast on Sunday, November 4, at 5pm.  (Check local listings.)

 

“The boom in condo development and real-estate prices has not solved the Olympic-sized multi-billion dollar leaky condo problem in BC.  A $100,000 increase in the market value of a condo means the owner who sells after paying $100,000 for repairs actually loses money.  Meanwhile, government coffers spill over with taxes.  We can’t pay escalating leaky condo repair bills with propaganda from careless politicians, careless developers, careless architects, careless professional engineers, careless contractors and careless realtors.  We need real money, lots of it, just like the Vancouver 2010 Winter Olympic Games.” said Balderson. 

 

Balderson led the W-FIVE investigators to one of BC’s worst leaky condo disasters: Vancouver, Pendrell Place, VR 1008, 1819 Pendrell Street

   

For more information visit:

 

http://www.ctv.ca/wfive           CTV Broadband Network

W-FIVE

Watch complete episodes of W-FIVE on the CTV Broadband Network >

www.myleakycondo.com       myleakycondo.com's Blog

 

Contact:   JamesBalderson@myleakycondo.com

 

 

Fixing high-rise leaky rotten condos following building envelope failure

 

Thursday, April 5, 2007, 11:30

The Canadian Society for Senior Engineers /

The Canadian Society for Engineering Management

presents 

High-Rise Building Envelope Remediation

by

Mark Emanuel, P.Eng.

(Spratt Emanuel Engineering Ltd.) 

Sutton Place, Vancouver, BC.

EIC/APEGBC Members $35.00;

Non-members $40.00 

RESERVATIONS: Lunch & Seminar

604-324-2441

cgordon_lindsay@telus.net 

To be in attendance:

James Balderson & Rudy Eylmann

COLCO: The Coalition of Leaky Condo Owners

www.myleakycondo.com  

 

Court orders Coquitlam to list leaky condo documents for Dan Healey; refuses order that James Balderson produce documents related to COLCO's Leaky Rotten Condo list

Citation:

Healey v. The Corporation of the City of Coquitlam et al

Date:

20020603

 

 

2002 BCSC 842

Docket:

C996637

 

Registry:  Vancouver

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

DAN HEALEY

PLAINTIFF

AND:

 

THE CORPORATION OF THE CITY OF COQUITLAM AND
THE CORPORATION OF THE CITY OF PORT COQUITLAM AND
HER MAJESTY IN RIGHT OF THE PROVINCE OF BRITISH COLUMIBA

 

DEFENDANTS

 

 

REASONS FOR JUDGMENT
OF
MASTER BARBER
(IN CHAMBERS)

 

 

Appearing on his own behalf:

Dan Healey

Counsel for the Defendants:
City of
Port Coquitlam and City of Coquitlam

 

L. Krebs

Counsel for James Balderson and The Coalition of Leaky Condo Owners:

 

A.M. Grant

 

Date and Place of Hearing:

May 14, 2002

 

 

Vancouver, BC

 

[1]            The Plaintiff applied by notice of motion dated February 25, 2002, filed May 2, 2002, for an order:

1.    Of production of documents against the City of Port Coquitlam;

 

2.    The City of Coquitlam in regards to the file’s and/or file described as “Leaky Condo’s”;

 

3.    For production of documents from a non-party to the action, C.O.L.C.O. and James Balderson.

 

[2]            In the statement of claim the plaintiff alleges, inter alia, that he suffered damage to his real property by way of water damage due to the negligent administration of the building code.  He alleges that the damage was foreseeable by the defendants.  And that the Crown had actual or constructive knowledge that the building code was insufficient to prevent damage.  In addition, he alleges that the defendants had a duty to inform him about the hazardous code practices.  This is a brief overview of the twenty page statement of claim. 

[3]            I will deal first of all with the request for orders number one and two, against Port Coquitlam.  What the plaintiff really wants is number two.  Coquitlam admitted that it did have a leaky condo file but says that it is irrelevant and that there are few privileged items in it. 

[4]            The affidavits of Adrienne G. Atherton, sworn March 12, 2002 and Mr. Ian D.M. Mackie, sworn the same date were tendered by Coquitlam’s solicitors in defence of the motion.  According to the statement of claim the plaintiff purchased his condominiums in 1994 and 1995.  He says that he became aware of the damage in 1999.  It appears from the aforementioned affidavits that there are documents in Coquitlam’s files which relate to the time in question and which may, under the test in Dufault and Stevens be relevant in that they could have notes or memorandum attached to them by members of the defendants bearing on the issues in question.  Therefore, Coquitlam’s Leaky Condo file is to be produced, except for those documents over which they claim privilege.  Those later documents are to be listed under part 3, of their list of documents, and then if there is still a question as to whether or not they should be produced that issue can be heard.

[5]            With respect to the claim for an order against COLCO – there is no such formal entity and thus that application is dismissed.

[6]            That leaves the claim for an order against James Balderson.  Mr. Balderson, through his counsel, objects to produce his file and his reasons are succinctly set forth in his affidavit as:

(a)   the request of documents are irrelevant;

 

(b)   the applicant has not provided any basis upon which the court can determine whether the request of documents are in fact relevant;

 

(c)   it would be highly prejudicial to Mr. Balderson to be compelled to provide such documents;

 

(d)   some of the documents have been provided to Mr. Balderson on the condition that they be considered confidential

 

(e)   many of the documents have been prepared in contemplation of litigation and are therefore privileged.

 

[7]            The plaintiff, in his affidavit number two, filed May 2, 2002 says:

4.    The Plaintiff is of the belief that documents used to produce the list described as Leaky Rotten Condos are vital to his case and furthermore the documents themselves in the hand of structural engineering experts will reveal clear patterns of Building code liability that the Coalition of Leaky Condo Owners are not aware of and/or are deliberately concealing from the public.

 

5.    The Plaintiff theorizes the refusal from James Balderson and/or the Coalition of Leaky Condo Owners to share this information bares the view they have something to hide and/or the information is relevant to building code liability.

 

[8]            While the test in Dufault and Stevens is a low one, the plaintiff has not passed the test in this case.  Therefore, the application for an order against Mr. Balderson is dismissed with costs payable by the plaintiff forthwith after assessment.

“Master Barber”

COLCO advocates leaky condo compensation - November 27, 2000

2000 Legislative Session: 4th Session, 36th Parliament
SELECT STANDING COMMITTEE ON FINANCE AND GOVERNMENT SERVICES
MINUTES AND HANSARD


MINUTES

SELECT STANDING COMMITTEE ON
FINANCE AND
GOVERNMENT SERVICES

Monday, November 27, 2000
11:00 a.m.

Burrard Room, Century Plaza Hotel
Vancouver, B.C.

 
Present: D. Lovick, MLA (Chair); G. Farrell-Collins, MLA (Deputy Chair); J. Cashore, MLA; J. Pullinger, MLA; I. Chong, MLA; M. de Jong, MLA

Unavoidably Absent: B. Goodacre, MLA; G. Mann Brewin, MLA; D. Streifel, MLA; E. Walsh, MLA; R. Thorpe, MLA 

1. The Chair called the Committee to order at 11:02 a.m.

 

 

Mr. Balderson, you and your colleagues, I believe, are next on our list. Gentlemen, whenever you are ready, proceed.

J. Balderson: Good afternoon, members of the committee. Thank you for this opportunity to meet with you this afternoon. To my right is John Grasty, a member of the Coalition of Leaky Condo Owners, and to his right is Rudy Eylmann, also a member.

All three of us own leaky, rotten homes built and sold in British Columbia -- some of them with a fraudulent new-home warranty that was provided by the Canadian Home Builders Association -- owned, controlled and directed by the builders building leaky, rotten homes and providing a fraudulent, rotten warranty to cover them. As you know, the NHW is now bankrupt, and many of our members are headed that way. We've had several commissions of inquiry, two with which you're familiar, and our own is ongoing.

The Coalition of Leaky Condo Owners believes that compensating the owners of leaky, rotten condos will help restore confidence in the government, the justice system, the housing market and the provincial economy. To do less will continue the erosion of that confidence and increase the cynicism and despair of citizens in this province.

I'm going to turn over our presentation to John Grasty for some of the economic matters. Of course we work closely with Carmen, and we'd like to applaud her presentation, which you have just heard. After that, Rudy Eylmann will give you an insight into what it's like to live in a leaky, rotten condo at his stage of life -- as are many of our members. Then I'll provide a wrap-up sentence or two.

 (More)