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Iconic Burnaby church focus of real estate lawsuit

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A legal battle is brewing over an iconic North Burnaby church.

Two congregations (Grace Christian Chapel and Heaven Bridge Church) hold church services and other religious activities at the old Vancouver Heights United Church building on the corner of Albert Street and Ingleton Avenue.

Built in 1926, the church’s castle-like design and three-storey tower have made it a landmark in the Heights neighbourhood for nearly a century.

$2.5 million church real estate deal

The church is currently owned by Grace Christian, but Heaven Bridge claims it made a deal to buy a 50 per cent interest in the property for $2.5 million and that Grace Christian has broken the agreement, according to a lawsuit filed in B.C. Supreme Court last week (July 20).

Heaven Bridge claims the two congregations first made the deal in April 2017, agreeing Heaven Bridge would come up with $1.5 million of the purchase price on its own.

For the rest, Grace Christian would apply for a $1-million mortgage and lend it to Heaven Bridge at an interest rate of three per cent per annum, according to the notice of civil claim.

But Grace Christian was unable to secure the $1-million mortgage, so the two parties agreed “expressly and/or implicitly” to change the agreement.

Heaven Bridge was to obtain the $1 million on its own and pay it to Grace Christian “over time, without a deadline.”

The rest of the agreement was to stay the same, according to the notice of civil claim.

The two congregations made a second agreement in about January 2021.

By that time, Heaven Bridge had paid Grace Christian $1.85 million, according to the claim, and the two congregations agreed Heaven Bridge would pay another $150,000 when the agreement was signed; Grace Christian would then lend it the remaining $500,000 to repay “over time, without a definitive repayment deadline.”

In the meantime, Heaven Bridge claims Grace Christian agreed not to sell the church property without its prior written consent, according to the claim.

Contract breach alleged

By June 2023, Heaven Bridge had paid $2 million toward the purchase of the property and informed Grace Christian it was prepared to repay the loan and complete the deal, according to the notice of civil claim.

But Grace Christian refused to complete the sale, according to Heaven Bridge, announcing instead that it intended to sell the property to a third party.

It listed the property for sale for just under $7.5 million, according to the claim.

Heaven Bridge claims Grace Christian wanted Heaven Bridge to repay the $500,000 without handing over a 50 per cent interest in the property as per the second agreement.

Heaven Bridge also claims Grace Christian tried to “pressure” it to buy “in addition to the Heaven Bridge Interest, the other 50 per cent interest in the Church Property for $3 million, which Heaven Bridge did not expect, and was not in a position to do,” the claim states.

If Heaven Bridge tried to impede the sale or took any legal action, Grace Christian said it would dissolve itself, according to the claim.

Heaven Bridge is now suing Grace Christian for damages for breach of contract.

It is also calling for a court order compelling Grace Christian to live up to the second agreement and for a certificate of pending litigation to be registered against the church property’s title.

Church sues its own lawyer

Heaven Bridge’s former lawyer and her law firm are also being sued for breach of contract and negligence.

The Heaven Bridge hired Fatima Noorullah Qamar and the Deer Lake Law Group in January 2021 to represent its interest in the purchase of the church property and to prepare the second agreement, according to the notice of civil claim.

But Qamar committed errors and omissions, according to Heaven Bridge, including failing to determine the church property was made up of two lots and then failing to include one of the lots in the description of the property in the second agreement.

The second agreement could therefore “potentially be construed” as a contract to buy only 50 per cent of one of the lots and not the whole church property – and that was not the plan, according to Heaven Bridge

“Heaven Bridge never agreed (and would never have agreed) to purchase only 50 per cent of lot 11 for $2.5 million,” the claim states.

Heaven Bridge is asking for a court order to fix the alleged mistake or a different order to rescind the second agreement entirely.

If the agreement is rescinded, Heaven Bridge will sue Grace Christian for $2 million for “unjust enrichment,” according to the claim.

None of the allegations in the notice of civil claim has been proven in court.

Grace Christian, Qamar and Deer Lake Law Groups have not yet filed responses to the allegations.

Follow Cornelia Naylor on Twitter @CorNaylor
Email cnaylor@burnabynow.com

 

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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