Response filed in lawsuit against sex offender living in Bradner

Defendants say they are operating residence in accordance with zoning bylaws for the area

This residence on Joanita Place is the subject of civil court action to have sex offender James Conway and another offender moved from the property.

The defendants in a civil suit launched by the city to have sex offender James Conway moved from his current residence say the home is being operated within the permitted zoning designation for the area.

The company WJS (W.J. Stelmaschuk and Associates) and caregiver Ed Holroyd are asking for the lawsuit to be dismissed. Their response was filed Nov. 25 in B.C. Supreme Court.

The City of Abbotsford filed a civil claim against the defendants, including property owners Brian Vos and Fiona Mitchell, early last month, saying that the home on Joanita Place located in the Bradner area is being operated in contravention of the “Agricultural One” zoning for the neighbourhood.

Living there are Conway with a history of sexual offences against children and another offender, along with their supervisor, Holroyd, an independent contractor working through WJS.

WJS is a service provider of Community Living BC (CLBC), which funds support services for adults with developmental disabilities and their families.

The court documents state that WJS leased the property from Vos, sublet the property to Holroyd, and signed a contract with CLBC.

Neighbours in the area have held rallies to protest Conway’s presence, started a Facebook page with their concerns, and pleaded with city officials to move him.

Mayor Henry Braun said in September that because the residence was operating as a “commercial use,” it was in contravention of zoning bylaws, which permit only agricultural and residential uses.

The city then notified the defendants of the city’s position and asked that the tenants be moved, but they are continuing to reside in the home while the legal matter is settled.

The defendants say their use of the home fits into the permitted “single dwelling unit” use under the zoning bylaw, which is defined as “one or more habitable rooms designed, occupied or intended for occupancy as an independent and spate residence in which cooking, sleeping and sanitary facilities are provided …”

Conway, 40, who has developmentally disabilities, moved into the home at the beginning of August.

 

 

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

Just Posted

Lavender hand sanitizer sale raises cash for Fraser Valley Health Care Foundation

Golf course and lavender farm partner up to support health care in the Fraser Valley

Man wanted for ramming police car and almost hitting bystanders in Abbotsford

Police say Lorne Guilbault ‘engages in high-risk criminal driving behaviour’

Wings and Wheels fundraiser ready to roll in Abbotsford this weekend

Unique collection of cars invading Tradex for drive-thru experiences on Saturday and Sunday

‘Unusual smell in water’ not a health concern, says City of Abbotsford

Odour is just temporary due to treatment-plant maintenance, city says

‘Agitated’ man pulls out knife on 3 people in Abbotsford

Witnesses sought for incident on Monday night near city hall

B.C. records new COVID-19 death, 85 more cases; Horgan calls on celebrity help

This brings the total number of active confirmed cases to 531 across the province

Horvat scores 2 as Vancouver Canucks beat Blues 5-2 in NHL playoff opener

Game 2 in best-of-seven series goes Friday night

Teachers to get 2 extra days to prepare for students’ return, now set for Sept. 10

Students will first start with orientation and learn rules of COVID-19 classroom policies

High-volume littering at Cape Scott draws ire from hiking groups

Popular Vancouver Island hiking spot not closing, but frustration about crowding grows

SFU to drop ‘Clan’ varsity team name

The ‘Clan’ name is shortened from ‘Clansmen,’ and was introduced roughly 55 years ago

BCSPCA partners with Crime Stoppers

Many call in to the SPCA, but want to remain anonymous: Eccles

New Tory leader must build a strong team in Commons and for the campaign: Scheer

Scheer marked his final day in the House of Commons today as leader of the Opposition

B.C. to hire 500 more COVID-19 contact tracers ahead of fall

Contract tracers add an ‘extra layer’ in the fight against the novel coronavirus

Feds commit $305M in additional funds for Indigenous communities during COVID-19

Money can be used to battle food insecurity and support children and mental health

Most Read