Photo by Whitehorse Star
SUBJECT OF COURT ACTION – A numbered company owned by Brian Little started construction on its Falcon Ridge lot (background) in 2012, but hadn’t secured each nearby condominium owner’s authorization beforehand. The photo above was taken Jan. 23, 2013.
The Yukon Supreme Court has permitted the owners of the Falcon Ridge condo complex to go ahead with repairs to keep their property safe and tear down an unfinished building – on the developer’s dime.
The Yukon Supreme Court has permitted the owners of the Falcon Ridge condo complex to go ahead with repairs to keep their property safe and tear down an unfinished building – on the developer’s dime.
In an order made on Thursday, Justice Ron Veale permitted the condo board to perform repairs and demolitions to fix an embankment under Falcon Drive caused by construction the developer undertook without proper authorization.
The judge also granted the condo board access to the developer’s assets to pay for the repairs.
The developer, 37724 Yukon Inc. – owned by Brian Little – is also the owner of one of the condo units in the complex.
The company started construction on its lot in 2012, but hadn’t secured each owner’s authorization beforehand.
In January 2013, Yukon Supreme Court ordered the company to cease construction.
Little had dug up the lot and had constructed building foundations and one building.
The excavation created a “steep, unsupported embankment underneath Falcon Drive,” noted the statement of claim filed on Oct. 23 by the condo board.
The embankment has has been eroding ever since, and presents a danger to condo residents and people driving on Falcon Drive, the claim reads.
Despite being ordered to clean up the mess, Little didn’t comply.
Veale has permitted the condo board to build a retaining wall around Little’s property to deal with the embankment created by the excavation performed by the developer.
The Falcon Ridge owners will also be permitted to demolish anything standing in and under Little’s property, backfill it and install “suitable lawns, walkways, crushed gravel ... (and) underground irrigation and sprinkler system,” Veale ruled.
That means they will be able to tear down Little’s unfinished building and the underground electrical wires, sewing and plumbing mains the developer had installed.
Little did not file a statement of defence, nor did he appear at Thursday’s hearing.
Because of that, the condo board was able to obtain a summary judgment.
This is similar to a default judgment – when the defendant does not file a statement of defence and the facts claimed by the plaintiff are deemed to be admitted – but “a little more involved procedure-wise,” explained James Tucker, counsel for the condo board.
Veale also ordered Little to pay for the condo board’s legal fees for the court case.
Little had initially been ordered to pay Falcon ridge’s legal fees when the board asked the Yukon Supreme Court to halt construction on his lot.
Calls to Little’s lawyer were not returned by press time this afternoon.
This comes one year after the Yukon Supreme Court ordered Little’s company to reimburse nearly $400,000 in unpaid condo fees.
Those fees have since been paid, Tucker told the Star.
The condo board’s legal counsel, however, has not had any contact with Little, he told the Star.
In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.
Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.
Comments (13)
Up 1 Down 0
Wiser on Dec 15, 2015 at 1:10 pm
As a former employee of Brian's that got to see this all go down first-hand I can tell you flat-out he knew what he was doing. For those that feel bad for him, it's because you don't know him. Glad to see the Condo Corp is able to fix this atrocity on his dime. I couldn't think of anyone that deserves this more than Brian Little.
Up 17 Down 9
more to the story on Nov 10, 2015 at 1:31 pm
Everyone is so easy to comment on their opinions, but do not have any firsthand knowledge of what actually happened. If everyone read the previous news articles, or actual Federal Court decisions, they would realize that Little built the building with no consent from the Condo Corp, and just did what he felt like because it was land that he had previously developed and owned (Falcon Ridge Phase I and Phase II).
When you have a condo corp, there are very specific rules and laws to abide by and consents that must be obtained. Unfortunately, I have witnessed a ton of locals build houses, additions, or any form of permanent structure on their property without the proper permits, making HUGE legal issues down the road. This is what happened here.
I can't get into exact specifics for confidentiality reasons, but banks will not usually allow a new purchase of a condo without the condo having a proper reserve fund etc. There are many stipulations put into place to protect the buyers and banks of said units. When those are being jeopardized by some slapstick apartment building with erosion issues, they will step up. There is way more to this story.
Up 6 Down 11
How many people in this group have housing projects on Nov 10, 2015 at 12:55 pm
How many people in this group have housing projects? None or they wouldn't be making these comments.
Up 28 Down 36
Just Say'in on Nov 9, 2015 at 11:54 pm
This was a contractor that was truly trying to build "Affordable Housing" Smurfville as it is known. What made it affordable was they were all jammed very tightly together and densely populated. As soon as all these NIMBIES moved in they didn't want to be crowded and no one else should disrupt their view. This is why it is impossible to provide affordable housing in this town. I feel for the developer big time. Anyone else want to try and be a developer in this town????
Up 13 Down 5
CJ on Nov 9, 2015 at 8:44 pm
@Bud McGee, I agree with you. I doubt if Mr. Little feels good about the whole thing. I'd really like to see some kind of postmortem about what went wrong. Yes, the apartment building contravened agreements, but something went wrong before that to make it necessary in his mind. I don't think he's the sole developer, either, he's just the one in front.
It's reminiscent of the 1970s, when this kind of thing happened more frequently, abandoned buildings and so on. I find it hard to believe other developers don't run into some heavy problems and I wonder what the difference is. Construction has a nasty side, but that's not what people want to hear.
Up 35 Down 35
Max Mack on Nov 9, 2015 at 6:36 pm
It is really no surprise to me that the courts have ruled against this developer at every step of the way. The Yukon seems to be turning into a very unfriendly place to do business.
Unfortunately for Mr. Little, unless he is able to quickly mount a defense or counter-suit, there is a very good chance he will be forced into bankruptcy.
Up 25 Down 2
BnR on Nov 9, 2015 at 3:17 pm
Wilf, read the article before commenting. Please.
Up 22 Down 7
Bud McGee on Nov 9, 2015 at 12:49 pm
I'll probably be thumbed down big time, but whatever. I actually feel a bit sorry for this developer. I can't imagine how much money he has lost. The construction of the existing buildings must have cost about a million dollars. There's the legal fees. The unpaid condo fees. Tearing down the building and constructing the retaining wall might cost over $100,000. My advice is that the condo corp should hire its future contractors using a transparent system that incorporates multiple bids from contractors. The last thing you want is for the developer to counter-sue because the condo corp did not make all efforts to get the cheapest price. I also think the condo corp should get money from the developer up front. What if the condo corp starts doing the work, and Mr. Little files for bankruptcy. We all saw what happened to Yukon companies when Yukon Zinc Corp went under. The condo corp might be on the hook for work in progress.
Up 33 Down 6
Mike on Nov 9, 2015 at 10:11 am
I live there, would have been nice to use a newer photo...perhaps 2.5 years newer to show the horrible shape that building is in. There's nothing good about it. That wood has sat in the elements for 3 years now.
Up 10 Down 31
Condo's are good idea on Nov 8, 2015 at 11:32 am
More affordable housing for people.
Maybe the condo association should get Yukon Government and the City involved for affordable housing.
Wilf Carter
Up 34 Down 19
martin on Nov 7, 2015 at 12:38 pm
To Matt: It is really presumptuous to dictate how people should live their lives. I thought people have the right to live as they please, especially if they don't commit any crimes. If you have these issues, ask the COW to stop issuing permits for Apart Bldgs.
Up 38 Down 56
Matt on Nov 7, 2015 at 5:34 am
Permit me to observe that given the low population and the large land mass in the Yukon....condos are about as stupid of an idea as ever realized. The Gov't should be ashamed trying to make us "big like the South" .
Up 47 Down 19
Lumbersalvager on Nov 6, 2015 at 11:01 pm
What will happen with all the good lumber? Will it be available to be picked up and recycled into something new? I would love to get my hands on as much as I could!! Would be repurposed into some lovely new things