SASKATOON -- "Pounding jello to the wall" and a "barebones file" is how Justice Richard Elson described the case of a Briarwood home, slated for demolition, during a hearing at Saskatoon’s Court of Queen’s Bench on Friday.
Elson dismissed an application for an injunction to stop the demolition, which means the City of Saskatoon and the property owner will have to decide how to move forward with the property.
In a written decision, Elson wrote: "I am satisfied that the Court does not have the jurisdiction to address this matter, primarly for the reasons set out in the City’s brief."
The City ordered the abandoned structure at 166 Beechdale Cresc. to be torn down in September, but the owner’s lawyer filed for an injunction to stop the demolition.
The lawyer, Elke Churchman; a city solicitor, Alan Rankine; and a lawyer representing Scotiabank, David Gerecke, were present at the hearing.
On behalf of Scotiabank, which has the mortgage on the house, Gerecke said the bank would provide a structural engineer and an air quality specialist to evaluate the property next week.
After evaluating the property, the consultants would deliver reports on their findings, Gerecke added.
In court, Alan Rankine, representing the city, called the bank’s proposal the most "concrete plan" he’s heard when it comes to how to deal with the home, which was once valued at $710,000, according to court documents.
Rankine called his conversation with the Gerecke “extensive” and said the proposal would be considered.
"The Bank of Nova Scotia does not want this house demolished," Gerecke said, as he provided an affidavit on behalf of the bank.
The property, which has been vacant since at least 2016, has extensive mould growth inside.
The city claims its attempts to reach the homeowner to have the problem fixed were unsuccessful.
Speaking on behalf of homeowner Liu Yu, Churchman said Yu thought his home was being managed by Remax associate Sky Wu in his absence.
Wu sold the house to Yu in 2012.
Shortly after, Yu moved to China and his sister moved to the United States.
According to the statement of claim, the homeowner says Wu was responsible for managing the property, however those allegations have not been proven in court.
Churchman said once her client was made aware of the city’s plan to demolish the house, he hired an engineer to inspect the property.
The engineer found the house could be restored at a cost of $20,000, a figure the judge found debatable.
Churchman argued the city should have done more to inform Yu of the demolition and claimed he learned about the demolition through local media.
The City put up orders on the house, but Churchman argued the homeowner “clearly” didn’t receive the notices and had been paying taxes on the house.
"What is the imminent threat to the public," she said. "What’s the haste?"
Elson said he was concerned granting “an injunction on a non-party."
"What basis in law do I have?" he said.
Yu’s statement of claim is against the realtor for "irreparable harm" but does not include the City.
As a result, Elson said the court could not intervene.
"It is my fervent hope that the City will hold off demolition until applicant and (Scotiabank) can determine, in a meaningful way, whether the residence is economically salvageable," his statement read.
"In my view, the demolition of the home without such a determination would be very unfortunate."
In an e-mail statement, the city said, “Demolition will depend on whether a plan can be formulated with the City to determine if the property can be remediated safely, legally and quickly.”