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

Flags flown at half mast out front of Fraser Regional Correctional Centre for slain corrections officer Bikramdeep Randhawa. (Neil Corbett/ The News)
Public vigil and flying flags at half mast done to honour slain prison guard

Maple Ridge corrections officer Bikramdeep Randhawa, 29, is being remembered in a number of ways

School sign at Pitt Meadows secondary, which is one of the schools in the district with a recent exposure to COVID-19. (The News files)
Five schools added to list of those with COVID-19 exposures

Surge in cases at Maple Ridge and Pitt Meadows schools

Approximately $1.6 million was provided by the province to support the Foundry’s virtual services, including the development of the new Foundry app. (The News files)
New app to help youth access mental health and substance use supports

New Foundry BC app to complement services at Foundry Ridge Meadows

RCMP stock photo. (Black Press)
Throat injury call brings large Ridge Meadows RCMP response

Incident sees two men facing assault-related charges

Amazon has announced the creation of five new facilities in B.C., to employ about 2,000 people. (Amazon/Special to Black Press Media)
Amazon adds new facilities in Langley, Pitt Meadows, Delta, Vancouver

The Vancouver port centre will be the first Amazon centre to feature robotics in B.C.

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
B.C. to start releasing neighbourhood-specific COVID numbers after data leak

Documents obtained by the Vancouver Sun show cases broken down by neighbourhoods

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix update B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 case count creeps up, seven more deaths

445 people in hospital, 157 in intensive care

Summerland’s positive test rate is much higher than surrounding local health areas, according to internal BC CDC documents. (BC CDC)
Summerland 3rd behind Surrey, Abbotsford in daily per capita COVID-19 cases

Interior Health is rolling out additional vaccine availability to the community

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

Mandeep Grewal was gunned down outside an Abbotsford bank in October 2018. Police said a violent gang war to control drug-line territory was going on at that time. Drug charges have now been announced against seven people. (FILE PHOTO: John Morrow/Abbotsford News)
7 people face 38 charges related to gang drug activity in Abbotsford and Mission

Police say investigation began in 2018 into expansion of Brothers Keepers’ drug line

Amazon is pausing its Prime Day marketing event in Canada this year amid ongoing COVID-19 outbreaks at its facilities in Ontario. THE CANADIAN PRESS/Nathan Denette
Amazon Prime Day halted in Canada due to COVID-19 outbreaks in warehouses

The event was postponed to protect the health and safety of employees and customers, the company says

Ally Thomas, 12, seen in an undated family handout photo, died on April 14 from a suspected overdose. Her family says they are frustrated more public supports weren't available when they tried to get her help. THE CANADIAN PRESS
Minister says suspected overdose death of 12-year-old pushing B.C. to ‘do better’

Minister Sheila Malcolmson of Mental Health and Addictions says the government is working ‘as hard as we can’ to build a system of care for youths

At this Highway 3 check point, police officers will be asking for identification from drivers, documentation regarding the driver’s name and address, and the purpose for the driver’s travel. (RCMP)
No fines handed out at 1st COVID-19 roadblock as checks move across B.C.

Cpl. Chris Manseau says a total of 127 vehicles were stopped at a roadblock in the Manning Park area

Most Read