The Balmoral Hotel on East Hastings Street in Vancouver was operating as a single-room occupancy building before it was shut down by the City of Vancouver chief building officer for being deemed unsafe. (Wikimedia Commons photo)

The Balmoral Hotel on East Hastings Street in Vancouver was operating as a single-room occupancy building before it was shut down by the City of Vancouver chief building officer for being deemed unsafe. (Wikimedia Commons photo)

Owners of hotels on Vancouver’s Downtown Eastside fight $1 expropriation in court

Vancouver City Council voted to expropriate the properties for $1 each in November

The owners of two derelict hotels on Vancouver’s Downtown Eastside have launched a legal challenge against the city’s plan to expropriate the buildings for $1.

The Balmoral and Regent hotels, which have been operated as single-room occupancy buildings, were home to more than 300 of the city’s most vulnerable residents before the city ordered them shut down over safety concerns.

Council voted to expropriate the properties for $1 each last month, more than a year after failing to compel the owners to bring the decaying buildings up to code.

In a petition for judicial review filed in B.C. Supreme Court, Balmoral Hotel Ltd. and Triville Enterprises, allege the terms of the expropriation were “patently unreasonable, or made in bad faith,” and the city breached its duty to procedural fairness.

READ MORE: Vancouver expropriates two derelict hotels on the Downtown Eastside for $1 each

The documents say the owners have pleaded guilty to failing to maintain the buildings but allege they have suffered “irreparable harm” because they did not have the opportunity to sell them for the multimillion-dollar market value.

The city says in a statement that it’s aware of the petition and will file a legal response “in due course.”

The owners allege in the court documents that they received 10 open-market offers for purchase, ranging from $7 million to $12.5 million per hotel, since the buildings were shut down.

The petition says the city made two offers to purchase the buildings, first at $6 million and then at $4 million, before the expropriation vote was cast.

But it says council’s vote to spend $1 each on the expropriations “was grounded upon the incorrect assumption that the city had tried to negotiate in good faith with the petitioners and that the petitioners had refused to engage in good faith negotiations with the city.”

The hotels were separately ordered shut down in 2017 and 2018 by the chief building officer after they were deemed unsafe.

When the notice of expropriation was filed in July 2018, deputy city manager Paul Mochrie said it was the first time the city had pursued expropriation with the purpose of providing public housing.

READ MORE: 60 charges filed against Vancouver hotel owner

Atira Women’s Resource Society, a local non-profit group, took over management of the Regent Hotel in 2018 before its closure. CEO Janice Abbott said at the time that she found mould in the rooms, ceilings that collapsed under the weight of water ingress and people living on urine-soaked mattresses.

The owners’ petition identifies the shareholders and principals of the companies that own the hotels as siblings Parkash Kaur Sahota, 89, and Pal Singh Sahota, 80.

In November 2018, it says they pleaded guilty to violating maintenance law for their buildings.

But it says the decision to expropriate the hotels was “unreasonable.”

“If the expropriation approval decision is allowed to stand, the petitioners will suffer irreparable harm that cannot be compensated sufficiently within the available compensation scheme,” it says.

“Even if successful in securing $20 million in compensation through the expropriation compensation claim that will follow expropriation, the Expropriation Act only awards interest to a successful claimant at the annual rate that is equal to the prime lending rate of the banker to the government … which is far below standard investment rates of return,” it says.

Amy Smart, The Canadian Press

READ MORE: Vancouver shuts down Downtown Eastside residence due to ‘deplorable negligence’

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The University of the Fraser Valley Peace and Reconciliation Centre
UFV students hold online forum on peace and reconciliation

Two online sessions on Feb. 25 include student research

A new Fraser Valley food hub in Abbotsford will include shared kitchen space that can be accessed by small and medium-sized businesses. (Stock photo by Robyn Wright from Pixabay)
Almost $2M to support new Fraser Valley food hub in Abbotsford

Project being developed by District of Mission and Mission Community Skills Centre

....
Dao Tran declares for Abbotsford byelection

Abby Bike Shop owner announces his bid for vacant councillor seat

....
Abbotsford’s Tanya Loewen advances to quarterfinal round of Inked cover girl search

Van Bree Tattoo artist can advance to the semi-final round with a win, voting runs till Thursday

Nietzsche, the ginger cat who worked at The Book Man, poses for a photo on Sept. 7, 2017. He died on Monday, Feb. 22, 2021. (Jenna Hauck/ Chilliwack Progress file)
Famous Chilliwack bookstore cat, Nietzsche, dies

‘Every single thing you could want in a cat, Nietzsche embodied,’ says Amber Price

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

The late Michael Gregory, 57, is accused of sexually exploiting six junior high students between 1999 and 2005. (Pixabay)
Former Alberta teacher accused of sexually assaulting students found dead in B.C.

Mounties say Michael Gregory’s death has been deemed ‘non-suspicious’

A woman boards a transit bus through rear doors, in Vancouver, on Friday, March 20, 2020. THE CANADIAN PRESS/Darryl Dyck
TransLink slow to reveal crucial details about ransomware attack, says union

Union says company took months to admit what info was stolen, including SIN and bank account details

According to a new poll, a majority of Canadians want to see illicit drugs decriminalized. (THE ASSOCIATED PRESS)
Majority of Canadians think it’s high time to decriminalize illicit drugs: poll

More than two-times the B.C. residents know someone who died from an overdose compared to rest of Canada

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Photograph By @KAYLAXANDERSON
VIDEO: Lynx grabs lunch in Kamloops

A lynx surprises a group of ducks and picks one off for lunch

(Black Press Media file photo)
B.C. residents can reserve provincial camp sites starting March 8

B.C. residents get priority access to camping reservations in province

Most Read