Wednesday, July 27, 2005

Case Studies, Pendrell Place: Litigation - Case Management and transcript for July 27, 2005.

Due to the ongoing and protracted litigation involving the owners and the Strata Corporation of Pendrell Place, it was decided to place all the outstanding lawsuits under Case Management. This is a process whereby all the separate cases are managed as a group with a Case Management judge being appointed to assist the litigants in moving the cases to resolution as quickly as possible.



July 27, 2005

The court action reference number for this transcript is L003498.

Between: Richard Bedford Oldaker (Plaintiff)
And: The Owners, Strata Plan VR1008 (Defendants)


Case Management 27 July 2005 Part 1.htm

MR. BURNS: There is a tangled scheme that's --
THE COURT:Yes, it's tangled.
MR. BURNS:"Tangled" would be the operative adjective.
THE COURT:Yes.

Case Management 27 July 2005 Part 2.htm

MR. BURNS: The facts/information appear to be that nil work was done on the east wall with a view to remediation, and the facts appear to be that if you were in the interior of Mr. Oldaker's suite today, if you were standing in it, you can at points see outside into the world through the wall.


[Note: Dr. Balderson addresses Mr. G. Stephen Hamilton's statements made at this Case Management conference about him in this letter of August 3, 2005.]



September 6, 2005

The court action reference numbers for this transcript are:

L003498

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

L011861

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

L021782

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 VR 1008 (Defendants)


Case Management 6 Sept 2005.htm

"Mr. Hamilton and I...have discussed a way forward that we think might give us one last-ditch chance to resolve this matter without the necessity of the court making orders and having what will undoubtedly be a rancorous and long application. And this would be in the context of Mr. Oldaker bringing a petition to compel the corporation -- the strata corporation to comply with its repair duty, and also based on substantial unfairness to him in their not having done so to this point."



October 28, 2005

The court action reference numbers for this transcript are:

L003498

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

L011861

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

L021782

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)

L032653

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

S012351

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)

S78059

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

S040182

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

L052371

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."



November 4, 2005

The court action reference number for this transcript is L021782.

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)


Case Management 4 Nov 2005.htm

"And it is a situation where this work that was postponed, it was postponed relating to Mr. Oldaker's suite only, and he is the only person who has had no use of his condominium for almost five and a half years. It is a situation where I think my concern that there is continuing, unfair actions on the part of the strata council, which is dominated by people who have no affection or concern for him whatsoever, indeed it's hostile..."



November 10, 2005

The court action reference number for this transcript is L021782.

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)


NOTE: for unknown reasons, the transcriber was unable to identify some of the speakers correctly. In addition, the transcriber seems to have confused the two lawyers who both have "Hamilton" as their last name (Richard P. and G. Steven). We are attempting to rectify these issues.


Case Management Transcript 10 Nov 2005 Part 1.htm

"In my respective submission, it's important for the owners to know that the character that Mr. Oldaker is portrayed in the materials of the strata corporation as an obstinate, obstructionist person who prefers the courts to compromise is just not fair. It's not accurate."

Case Management Transcript 10 Nov 2005 Part 2.htm

"My Lady, fortunately I've had the pleasure of being at some of these meetings and the minority faction do not get a voice, are not allowed to raise things. As a general proposition they're cut short, if it's not on the agenda, if it's not distributed in advance they don't get a full hearing."


November 28, 2005

The court action reference numbers for this transcript are:

L003498

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

L011861

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

L021782

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 VR 1008 (Defendants)

L032653

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

S012351

Between: Denise M. Hamilton, Christopher Robert Monk, Richard Bedford Oldaker, Nevan 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)

S78059

Between: The Owners, Strata Plan VR 1008 (Petitioner)
And: Richard Bedford Oldaker, Bank of Montreal (Respondents)


Case Management Transcript 28 Nov 2005 Pt 1.htm

"Having said that, I would point out now that the engineering evidence has developed into a consensus position that repair to that east wall fifth and sixth levels is necessary and ought to be done. What surprises me now is that we have not the strata corporation coming to the court and saying, we are now prepared to consent to an order that there be a repair to the fifth and sixth floors, but we are going to defend this petition in light of the evidence of their own engineers. It seems almost too hard -- it's hard for me to understand."

Case Management Transcript 28 Nov 2005 Pt 2.htm

"...I'll tell you one thing I will not agree to: their promises. Their promises have been given many times, as the evidence is clear, and a promise is not going to do it."