Archive for March, 2010

Cactus Club to replace beach concession stand

Tuesday, March 23rd, 2010

Tiffany Crawford
Sun

An upscale restaurant with a concession stand offering affordable takeout is expected to open on English Bay in June of 2011 after a Vancouver park board vote Monday night.

Commissioners voted 6-1 in favour of a deal with Cactus Restaurants Ltd. that will bring the board $240,000 in rent per year.

The Cactus Club restaurant will replace the concession stand on the beachfront near Davie and Denman Streets, which netted the board $63,000 in 2009.

Under the deal, the board will own the building while Cactus Restaurants pays the rent and the estimated $5-million cost of building the new eatery.

Park board chair Aaron Jasper, who initially opposed the project because of concerns it would be too pricey for people, said Monday the deal was a “win-win” for the city and for Cactus Club.

“We never wanted to see a high-end restaurant. It was always one that was affordable,” he said. “I think the fact that there is a concession [stand] as a part of this facility is a direct reflection of that recognition.”

The main floor of the restaurant will be 4,212 square feet, with 79 seats and a 70-seat rooftop outdoor patio. The concession stand will serve cheaper takeout items.

Vancouver celebrity chef Rob Feenie will oversee the menu for both the restaurant and concession.

Richard Jaffrey, president and founder of Cactus Restaurants, said prices at the concession will be comparable to those at the old concession stand.

“I think for comparable items there will be comparable pricing. Obviously it will be a year from now and we will have to review it, but affordability is going to be a big concern.”

Commissioner Stuart Mac-Kinnon cast the lone vote against the project, saying “corporate branding” on public beaches goes against park board principles.

“We’ll be looking to Sunset, Second Beach, Locarno and even Spanish Banks next. Will we be seeing a Red Lobster or an Earls or even a McDonald’s at those locations?” said MacKinnon.

“Is this what we want at our beaches? I think not.”

The Cactus Restaurant Group was established in 1988 and is Vancouver owned and operated. There are 20 locations in B.C. and Alberta which generate annual sales of more than $115 million.

The agreement will be subject to review by the board after five years.

Cactus will begin construction after Labour Day with the intention of opening in June 2011.

© Copyright (c) The Vancouver Sun

Cactus Club OK’d for English Bay

Tuesday, March 23rd, 2010

Jack Keating
Province

Beachfront dining will become a reality at English Bay by the summer of 2011.

That was assured when the Vancouver Parks Board voted 6-1 Monday night to approve a staff report recommending Cactus Restaurants Ltd. be allowed to build a restaurant and concession stand beachside near the corner of Denman and Davie streets.

The company will pay the parks board $240,000 per year in rent, plus an additional four per cent of all revenue over $4 million annually.

The restaurant will be called the Cactus Club Cafe and replace the present concession stand. Under the terms of the agreement, the building would also have a takeout concession stand with 48 outdoor seats.

The restaurant would offer “casual fine dining,” with 79 indoor seats and 70 outdoor seats.

“I think it’s going to be a great fit for the West End community,” said parks board chairman Aaron Jasper.

“Locals and visitors get to have a nice dining experience and all the money — the $1.2 million over five years guaranteed — is money put back into all the programs and services that people have come to expect from the Vancouver Parks Board.”

Construction would begin in September and the new restaurant would be open in June of 2011.

“The win-win, of course, is that we’ve designed the restaurant. The company builds it. We own it– the people of Vancouver own it,” Jasper said.

The sole Green Party park commissioner voted against the proposal.

© Copyright (c) The Province

Club to open new restaurant “English Bay Bistro” at the corner of Denman & Davie to replace the current concession stand

Sunday, March 21st, 2010

Frank Luba
Province

A new, upscale beachside eatery will be coming soon to the West End if the Vancouver park board approves the deal tomorrow. The popular Cactus Club chain plans to open the new restaurant in June, 2011 near the corner of Denman and Davie streets. It will feature both indoor and outdoor seating, as well as a takeout concession offering a wide variety of lower-priced fare. — PNG file

West End residents and visitors will both get a new, upscale beachside eatery — if the Vancouver park board approves a lucrative deal with Cactus Restaurants Ltd. when it meets tomorrow.

The restaurant would replace the present concession stand near the corner of Denman and Davie streets.

Under the deal, the parent company of the popular Cactus Club Cafe chain — which has 20 locations in B.C. and Alberta, generating $115 million annually in sales — would give the park board a guaranteed annual rent of $240,000, plus an additional four per cent of all revenues over $4 million annually.

The current concession had a net profit of $63,000 in 2009.

Board chairman Aaron Jasper told The Province he had concerns about the proposed English Bay Bistro when he was with the West End Residents Association, but he supports the proposal now.

“They build it, we own it and they operate it there,” said Jasper. “It’s actually a really good deal.

“These are revenues that we can put back into the services we provide,” he said. “For us, it’s a win-win.”

The proposed agreement would be reviewed after the first five years, with Cactus having the option for additional five-year options.

The board would also reimburse Cactus $50,000 plus financing costs annually for five years for site improvements outside the leased area.

The restaurant would have 79 indoor seats, 70 outdoor seats and 48 outdoor seats for patrons that wish to use the new facility’s takeout concession.

According to a staff report, “they intend to offer lower-priced fare with a far greater selection than traditional concession fare.”

Construction would begin after Labour Day and the new restaurant would open in June 2011.

There was also positive news about two other park board operations, the Bloedel Conservatory and the Stanley Park Children’s Farmyard, which were facing closures because of budget shortfalls.

Jasper said several groups attended a question-and-answer session about the Bloedel Conservatory, and the Van Dusen Garden Association is working on a proposal to take over the facility with the Friends of Bloedel group.

Another four groups attended an information session about the farmyard.

“I am optimistic we are going to see some proposals,” said Jasper. Deadline for accepting those proposals is April 30.

© Copyright (c) The Province

New Portable Scanner – Cannon’s Image Formula P150 personal document scanner – Retails for $385

Sunday, March 21st, 2010

Murray Hill
Province

If you’re a road warrior then you’ve probably more than once wished you had a scanner to bring along to scan digital copies of documents. Scanners have come down in size a lot in the past few years, but there aren’t a lot of them to choose from if you travel.

Canon’s imageFORMULA P-150 personal document scanner is one of the new, compact scanners designed for those of us on the go. The Scan-tini, as it’s called, is just the right size to slip into the bottom of a computer bag or backpack, and it has enough functionality to be a valuable asset on the road.

The P-150 makes its mark by being very small, lightweight and offering advanced features for such a small device. It gets power from your computer, however, if you wish, you can buy the optional power adapter. The device doesn’t come with an adapter, and you power it via USB attached to your PC. It’s worth noting that the P-150 only works with a PC, so Mac users need not read any further.

You don’t need to load up any software when using this scanner. The embedded Canon CaptureOnTouch Lite software takes care of getting documents onto your computer automatically — a nice touch. The P-150 is a duplexing scanner — it scans both sides of the document automatically and you’re not required to turn the thing over to scan the backside. Rated at 15 pages per minute in black and white and 10 pages per minute of colour scanning, the P-150 isn’t a slouch by any standards. The quality of output is on par with many other much larger desktop scanners; I used my test version to scan a number of colour documents that needed to be sent to customers, and they were good quality.

Weighing in at just under a kilogram, the P-150 is only 4.1 cm x 27.9 cm x 9.4 cm. It can use either one or two USB connections for power, with the single connection consuming 2.5W, while the double connection consumes 5W of power. It’s a 24-bit RGB scanner (red, green, blue) with auto colour detection and an output resolution from 150 dpi up to 600 dpi. It’ll scan documents from 5-cm to 21-cm wide and 6.9-cm to 35.6-cm long, so you can scan everything from business cards to legal-sized documents. You can also batch scan up to 20 pages, so you’re not stuck having to feed the scanner documents one page at a time — a very nice feature.

The software that comes bundled with the P-150 includes the Canon CaptureOnTouch, CaptureOnTouch Lite, Nuance PaperPort and New Soft Presto! BizCard.

Available now, the Scan-tini has a suggested retail price of $385.

© Copyright (c) The Province

Mariposa botnet has been shut down by Ontario’s Defense Intelligence Inc – Christopher Davies says

Sunday, March 21st, 2010

Upstart Ontario firm takes worldwide war to hackers

Vito Pilieci
Province

christopher Davis, of Defence intelligence, helped shut down a massive computer virus operation. –CNS

An announcement earlier this week that the Mariposa botnet — a network of computers infected with a virus that can be controlled remotely without owners’ knowledge — had been dismantled has focused a bright spotlight on a small Ontario company with ambitious plans.

Defence Intelligence Inc., a seven-person firm based in Ottawa, believes the demise of Mariposa is a perfect example of what its products can accomplish.

“We would probably be shutting down things like Mariposa once a month instead of once a year,” said chief executive officer Chris Davis, complaining about the shortage of venture capital available for expansion because of the unsteady state of the economy.

He plans to use his company’s success to attract more financing, hire more staff — and bring more hackers around the world to their knees.

“Mariposa is simply one of hundreds of botnets we track on a daily basis. We have got these sensors placed at various research partners around the world. We are able to see botnet traffic and watch how they form.”

It was largely thanks to the information provided by Defence Intelligence that the Federal Bureau of Investigation and police in Spain were able to destroy the rogue computer network — made up of more than 13 million infected computers from 180 countries — and capture some of the key players involved in its operation.

The hackers behind Mariposa had access to all the personal, banking and credit card information on infected computers. The botnet included infected machines inside the offices of more than 40 major banks and a vast majority of the top companies on the Fortune 1000 index.

The personal information of more than 800,000 individuals has also been recovered as a result of the FBI’s Mariposa investigation.

Defence Intelligence makes software that monitors incoming and outgoing transmissions of every computer on a corporate network. Using its own network of sensors — which track the development and expansion of rogue computer networks globally — the company can red-flag certain websites and Internet addresses being used to steal information.

If a computer on a corporate network is sending information to a location that has been identified, Defence Intelligence will know and can step in.

“We’ve got three government departments using it right now, which I can’t name, and one of the largest financial institutions in the world,” said Davis.

“We have a product that really works against this botnet thing.”

The software is the brainchild of Davis, who started his career as a security consultant for the federal government in the early 2000s, bouncing from contract to contract.

It was at this time he met Chris Ginley, who was to become a co-founder of Defence Intelligence.

In 2005, Davis was given the chance to put his security knowledge to the test as a technical lead of global security for Dell Computer Corp. at the company’s headquarters in Austin, Texas.

He took the job and a few months later invited Ginley to come down and join him.

The two were tossed headfirst into the growing botnet problem, which was then in its infancy.

Since he came up with the idea for Defence Intelligence, it has identified and helped to protect its customers against dozens of botnets and malicious software programs — with Mariposa botnet being the jewel in its crown.

© Copyright (c) The Province

Cascade 2950 Panorama Dr, Coquitlam

Sunday, March 21st, 2010

This new-home project was designed with a specific type of future resident in mind

Province

Cascade residents will be able to enjoy views from the site at Westwood Plateau. the dining room in the showhome looks south to Coquitlam.

Early stages of the Cascade, a two-building, 153-residence new-home project in Coquitlam.

The kitchen in the display suite of the Cascade is beautifully finished. Buyers will be able to choose light or dark maple or a rift oak colour scheme.

The Cascade kitchns will provide plenty of room for both storage and meal prep, as the showhome demonstrates.

Liberty Homes’ Jesse Nobbs-Thiessen says there will be no skimping on the luxury interiors of the Cascade homes.

The showhome’s master bathroom also contains a large tub and walk-in shower. Floors will be topped with elegant tile.

The display suite bathroom features granite countertops, double undermount sinks and chrome fixtures, which will be standard in all homes.

THE FACTS

WHAT: Cascade, 2 buildings, 9 and 10 storeys, 153 residences WHERE: Coquitlam

DEVELOPER: Liberty Homes

SIZE: 2 bed, 1,041 sq. ft. -1,468 sq. ft.; 2 bed + den, 1,187 -1,912 sq. ft. PRICES: 2-bed from $380,000; 2-bed + den from $389,000

OPEN: Sales centre at 2950 Panorama Drive; hours noon -5 p.m., daily

When Liberty Homes set out to design the residences in its Cascade project in Coquitlam, the developer had certain buyers in mind: people like Dale Lambert and his wife.

Years earlier, the couple had purchased a four-bedroom home in Coquitlam’s Hawkwood Estates area. But after their three children grew up and moved out, the pair began to explore different real estate options in Coquitlam. And when the Cascade sales centre opened last October, the empty nesters were the first to put their names on the dotted line.

Jesse Nobbs-Thiessen, Liberty Homes’ director of development and planning, says the Westwood Plateau development was designed for people like the Lamberts.

“The vast majority of our buyers are in the 45-to 65-year-old age range, mostly couples that are 55-ish. They’re downsizing from an existing family home nearby, and have some apprehension about losing space. We want them to come away thinking ‘That’s more than I thought I would get.’ “

Nobbs-Thiessen drew from Liberty Homes’ past experience in developing single-family homes in the Tri-Cities; similar dimensions were applied to the Cascade condos so that “house-sized” furniture could be used, and a spacious feeling retained.

Eighty per cent of the units have two parking spaces, an acknowledgment of the fact that people who are downsizing still often need to get to work, run errands and help with grandchildren. Liberty also made the assumption empty nesters wouldn’t need a third bedroom, so built only suites with two bedrooms or two bedrooms and a den.

Nobbs-Thiessen says some Liberty Homes’ buyers may have lived in the company’s previous offerings; younger couples may have started out in townhouses, upgraded to detached homes as their families grew, and are now moving to condos as they become couples in semi-retirement.

“Those who know Westwood Plateau love mountainside living, and they want to stay close,” he says. “They love amenities like the golf course and the proximity to Coquitlam.”

Interior designer Martie Knockaert of

Different Designs Group also considered the target market when designing the colour schemes: light or dark maple, and rift oak.

“Some like a cleaner look with more texture, while others want rich and traditional,” she says. “But overall, it’s high quality, timeless, and classic, so you don’t have to keep replacing it or updating it.”

Nobbs-Thiessen says there was no skimping on the luxury interiors; there was a recognition that consumers would want the best of the best. Counters are granite, cabinets are solid wood, appliances are stainless steel, and floors are engineered hardwood.

Cascade was originally slated to go ahead in 2005, but it was put on hold when market conditions changed. Now the concrete buildings are going up on one of the last open spaces in Westwood Plateau, and look quite different from the nearby Whistler chalet-style houses and multi-family buildings.

The development, scheduled to be ready for occupancy in the spring of 2012, is designed to take advantage of the site: it slopes 35 metres from the top, just below Panorama Drive, to the bottom, across the street from a small shopping centre that includes a grocery store and other retail services.

Cascade is repeatedly terraced: underneath, on top, and between the two buildings. The towers have been pushed to the furthest possible points left and right to keep a sense of open space, and to maintain a southward view of Mount Baker and the Fraser Valley, or north to Eagle Mountain.

About 75 per cent of the units in the first tower have been sold, units in the second tower were released for sale March 13.

© Copyright (c) The Province

Strata corporations should use caution collecting outstanding arrears by owners

Sunday, March 21st, 2010

Tony Gioventu
Province

Dear Condo Smarts: I work as the resident manager for a large strata corporation in the Tri-Cities area. We have an ongoing situation with owners who do not pay strata fees, fines, special levies and insurance deductible claims. Right now, we have four owners who each owe more than $13,000 in unpaid fees, most of it strata fees and levies. Our strata council has decided that rather than using legal services, to assign the collection of the fees to a collection agency. If we use a collection agency, how do we cover the cost of the service? It seems to me that we have a better chance of collections through the courts. What is your view?

-Sincerely, JM.

Dear JM: The strata corporation has better authority and financial gain by using the provisions set out in the Strata Property Act.

For starters, special levies, strata fees and the permitted interest on those fees, are amounts that may be liened against the strata lot, thereby securing the debt as a priority over most charges on the title. The strata corporation interest will even come ahead of a mortgage or loan debt filed on the title. If the strata lot has not paid those amounts and either the amount owing or the period of time requires further action, the strata council has the authority to retain legal counsel, without the need of a 3/4 vote, to then proceed with a court action for an eventual order for sale.

The strata will recover the fees and interest owing and a reasonable portion of the legal and court costs. At the same time, the owners have a reasonable period of time to attempt to resolve their financial position without the constant harassment of a collector.

Using a collection agency requires the strata corporation to assign the debt owing to that collection agency. The strata corporation cannot assign the debt to another party unless it does so by 3/4 vote resolution. Also, once the debt is assigned, the strata corporation might not be able to charge back the cost of the collection agency’s service to the defaulting owner.

The best solution the strata corporation can employ are the provisions set out in the act and regulations. No one wants to see an owner lose his or her home, but that’s the decision a buyer makes when that individual moves into a strata, and owners must pay their fees and levies. Strata corporations who run their operations like a business and vigilantly collect fees rarely have problems with owners paying. The expectations are clear, and so are the penalties.

Tony Gioventu is executive-director of the Condominium Home Owners’ Association. Send questions to him at [email protected]

© Copyright (c) The Province

Affinity 2200 Douglas Rd., Burnaby

Saturday, March 20th, 2010

Bosa’s Affinity invites you to ‘love where you live’

Claudia Kwan
Sun

The Affinity new-home project

Affinity buyers are a diverse lot: recent immigrants from Korea, China and Taivan; longtime Burnaby residents who no longer need a detached home; and investors. The last can expect to rent out their purchases for about $2 per square foot.

AFFINITY

Project location: 2200 Douglas Rd., Burnaby

Project size: Two towers of 24 and 29 storeys with 291 units total

Residence size: Studio, 457 sq. ft.; 1-bed, 538 sq. ft.; 1-bed + den, 614 to 621 sq. ft.; 2-bed, 753 to 1,034 sq. ft.; 2-bed + den, 910 to 1,071 sq. ft., town houses, 1,138 to 1,157 sq. ft.

Prices: Studio, from $235,900; 1-bed, from $263,900; 1-bed + den, from $315,900; 2-bed, from $359,900; 2-bed + den, from $492,400; town houses, from $499,900

Developer: Bosa Development Corp.

Architect: Rafii Architects

Interior design: Cristina Oberti Interior Design Inc.

Sales centre: 5695 Lougheed Highway (and Holdom)

Hours: Noon to 5 p.m. daily, Saturday to Thursday

Telephone: 604-453-5893

Web: affinitybybosa.com

Occupancy: Fall/Winter 2012

That “proximity factor” is something project marketer Cameron McNeill of MAC Marketing Solutions is banking on with Affinity.

“Brentwood is one of the key urban areas outside of downtown Vancouver,” he says. “It has all of the elements for excellent living now, and in the future.”

McNeill lists the nearby amenities, which include parks and three SkyTrain stations. A site within walking distance has been set aside for a future school, and a small area of green space is directly behind the project.

McNeill also points out the benefits of residing in a dense mixed-use area. Casual, fine-dining restaurants are a short distance away, as is a large grocery store. Brentwood Town Centre is close, but not close enough to overtake the neighbourhood. “It’s more livable here than many other urban centres where the focal point is a mall, like (Burnaby’s) Middlegate.”

McNeill says a wide range of purchasers is responding to the afford-ability of units, with nearly 90 per cent of the units in the phase-one tower priced at under $500,000. Keeping the price threshold there minimizes the effect of the harmonized sales tax to about two per cent, since homes that cost less than $525,000 are eligible for an HST rebate. (The tax does not come into affect until July 1, but pre-sale contracts signed now will be subject to the HST when those homes are completed.)

A diverse collection of buyers have snapped up many of the units in Phase 1. There are recent immigrants from Korea, mainland China and Taiwan looking for homes in which to live. There are Burnaby downsizers who want to stay in the Brentwood area and find the perfect floor plan. There are also investors who are counting on the reliability of the Bosa name -they know the project will be completed -and looking at the favourable market conditions in Brentwood.

The current rental return on investment works out to about $2 per square foot, just slightly lower than that for downtown Vancouver. (There’s a low vacancy rate in the area, and a lack of one-bedroom units; this is particularly affecting couples just starting out and looking for a home further west than the Tri-Cities, before making the jump to downtown.)

The ‘wenge‘ colour scheme for the Affinity condos includes a palette of rich, chocolate laminate flooring, caramel and toast tile, and double-thick finely grained granite countertops.

‘Graphite’ is more muted and subtle, incorporating honey-toned wood and countertops with a tinge of sage.

The show suite has been done in a mix of the two colour schemes, with the soft olive walls in the den contrasting well with the glossy white accents. To show off the space’s potential, a glass tabletop has been fitted between two slim storage cabinets on one side, with the other wall covered in an open bookcase displaying knick-knacks. A sliding-glass door projects a semblance of privacy and noise-proofing.

The master bedroom has a walkthrough closet to the ensuite. The wall-hung sink and cabinet unit “float” in the space immediately before the deep soaker tub, which is surrounded by a backsplash of large-format tiles. The same rectangular porcelain tiles appear in the shower, broken up at one point by a vertical streak of skinny tile mosaic.

The kitchen is a refreshing change from the galley style sometimes seen in other buildings; in this case, the sizable granite-topped island is accessible from all sides, and includes a breakfast bar overhang that can accommodate at least three. The refrigerator and stove are conveniently located almost side by side, while the central living area works well as an entertainment space.

The suite’s open area includes a lounging spot and two dining areas, although one of those dining areas could be changed to a children’s homework space or reading nook. The second bedroom also has a walkthrough closet leading to an ensuite, shared with visitors to the home.

The building also includes a guest suite.

Sales for the phase-two tower are scheduled to begin in a month, but could start sooner because of the strong demand. Construction is expected to start in late summer or early fall of 2010, with completion in late 2012.

Cameron McNeill’s tone is downright reverential when he talks about Nat Bosa.

“The man’s a visionary,” says the president of MAC Marketing Solutions.

Over the past four decades, Bosa has led the construction of more than 20,000 condos around North America.

“Look at what he [Bosa] has done for the Belltown area of Seattle,” says McNeill. “He built half of Brentwood, he was way ahead of his time with developing the waterfront in New Westminster and Citygate (in Vancouver.)”

McNeill says that at a meeting of the Urban Development Institute, other prominent members of the development community were seen to be visibly relieved that Bosa was making a return to the Greater Vancouver market with the Affinity project, his first development in the Vancouver area in about seven years.

Bosa downplayed any sense of self-importance in a rare interview. He pointed out that his sons continued building here while he focused on projects in California.

“Basically it got a lot worse down there than anybody expected,” he says. “While we wait for that to rebound, I said ‘Let’s revisit back home for a while.'”

Bosa is 65, but shows no signs of slowing down. He’s a little battered and bruised after weathering the stormy economic conditions down south, but says he’s still biking, skiing, and enjoying life.

Bosa believes the love affair the Lower Mainland has with real estate has never faded; with a stable banking system and a level of demand sustained by immigration, it’s a place he’ll always return to.

He particularly believes in the Brentwood neighbourhood, situating the family-operated company’s head office there. “This area’s just got nowhere to go but up,” Bosa says. “The match has been struck a long time ago. Right now it’s expanding, this is not any more pioneering.”

Considering the local market conditions, he believes it will always be healthy. “We are a place that people like to live. The only time we get messed up is when the government changes. We need business friendly policies, and we can’t be in for big surprises from the government.”

Bosa agrees that he’s never been afraid to be a market leader and to enter a new area. “When I bought Citygate, people thought I was nuts.”

So what does coming back to Vancouver mean now? “Yeah, I could say it’s a vote of confidence in the Lower Mainland, because I come in, get on this project, and I start building. Obviously, I gotta have confidence, otherwise I’m losing it!”

To Bosa, the slowdown in construction has allowed the market to level off a little. The vacancy rate continues to be low, and people are continuing to move to Vancouver; Bosa sees that as an issue of supply and demand weighed heavily toward demand.

He is also discounting the potential cooling-off effects of the HST, recalling that consumers eventually got used to the GST after its introduction in 1991. “There’s no question, HST is a big cost, I don’t like it, and for a little while, you’ll see some negotiations around it. But after a while, it just becomes part of the cost of doing business or buying a home.”

© Copyright (c) The Vancouver Sun

Highrise home on False Creek helps kindle new interest in children’s hospital lottery

Friday, March 19th, 2010

Flamboyant Vancouver developer, Ozzie Jurrock, sued by owners of Prince Rupert condos

Friday, March 19th, 2010

Jack Keating
Province

Class-action lawsuit against Vancouver developer Ozzie Jurock and his partners seeks money for repair of ‘deficiencies’ in condo units. — handout

A class-action lawsuit has been filed against a high-profile Vancouver real-estate developer and author and his partners, alleging “high-handed, reckless and wanton” misrepresentation in a strata-condo development in Prince Rupert.

The suit against Ozzie Jurock, his partners David Barnes and Ralph Case and three joint-venture partners in the condos was filed in B.C. Supreme Court in Vancouver by close to 30 owners of the Roosevelt Apartments. Shannon Stange, who owns three units in the 45-unit building and is part of the lawsuit, said Thursday the building is in disrepair and requires at least $500,000 in repairs. The suit alleges that information on the condition of the building was withheld from purchasers in early 2007 and that the defendants maintained the building did not require “any significant maintenance repairs or capital expenses” at the time of purchase.

“The defendants made the disclosure statement representations to the representative plaintiff and the other members of the class negligently or alternatively, recklessly, not caring whether they were true or false and those representations were false, inaccurate or misleading in that the Roosevelt Apartment buildings comprising strata plan BCS2210, including the units, were not free from material defect, rather the deficiencies existed and would require a significant cost for their rectification,” the suit alleges in a 10-page statement of claim filed at the Vancouver Law Courts Wednesday.

The statement alleges the defendants’ conduct “was high-handed, reckless, wanton, entirely without care, deliberate, and in wilful disregard of the plaintiff’s rights and the rights of each class member and indifferent to the consequences” and seeks punitive damages.

“We’ll let the courts decide [the amount],” said Stange. “We know it’s going to take a minimum of $300,000, if not $500,000.” The suit alleges the defendants commissioned an engineering firm to determine the buildings’ condition but requested a “quick assessment of the condition of the buildings and grounds and specifically requested the engineer not to provide a more detailed inspection, which the engineer would otherwise normally have provided for such a property.” The field review identified a number of maintenance problems, said the statement-of-claim information that was withheld from the disclosure statement, which did not indicate it was a “quick assessment” and 18 months old by that date.

The suit alleges that the defendants’ “misrepresentations” have caused the plaintiffs to suffer “loss and damage, including the difference between the purchase price [of approximately $75,000 per unit] and the market value of the real property acquired” and “consequential expenses.”

Jurock and counsel for the defendants were unavailable for comment. However, in a recent letter sent to the plaintiffs’ counsel, lawyers for the defendants disputed the allegations.

“Please make no mistake that our clients take these allegations very seriously and will spare no expense in defending their reputations in a court of law,” wrote lawyer Alex Eged of the law firm Richards Buell Sutton on Dec. 30, 2009. “Further, be assured that our clients will doggedly pursue their wrongful accusers for all costs and expenses incurred in dealing with specious allegations.”

The defendants have two weeks to file a statement of defence.

© Copyright (c) The Province