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Saskatoon Milroy Apartment tenants lose court challenge to halt condo Conversion

Tenants of Saskatoon’s Milroy Apartments learned Thursday of their lost court challenge aimed at stopping the condo conversion project at their building, which was approved by Saskatoon city council on January 14, 2008.


“The decision was that the court is not interfering with city council’s decision. The application to set aside the decision approving the condominium plan was denied,” said Andrew Mason, lawyer for the Milroy tenants. Mason presented his case before Court of Queen’s Bench Justice Mona Dovell on March 12 arguing that council did not correctly interpret or apply provisions in the provincial Condominium Property Act which gives municipalities discretionary wiggle room to deny applications based on low rental vacancy rates. The latest Rental Market Report released in December by Canada Mortgage and Housing Corporation pegged the vacancy rate in the area at just 1%, and at .6% across the city of Saskatoon.


The Milroy Apartment tenants will now have to decide if they are willing to bear additional costs, which would have to be incurred if they choose to appeal the court’s ruling.


The City of Saskatoon has agreed to undertake a review of its condominium conversion policies and city administrators have already brought a proposal of potential changes forward. The administration will present the court decision to the city’s executive committee on March 31, and according to city solicitor Theresa Dust, a policy debate will likely ensue at the committee’s April 14 meeting.


Read the story from today’s Star Phoenix here.

I’m always happy to answer your Saskatoon real estate questions.  All of my contact info is here. Please feel free to call or email.

Follow our daily updates on Twitter @SaskatoonHomes.

Norm Fisher
Royal LePage Saskatoon Real Estate

22 comments so far. We'd love to hear your thoughts.

  • George
    May 15th, 2009 at 2:36 PM

    Must be scary for these people right now. It seems the city has kind of dragged their feet on this, but I know it is not an easy issue for them right now.

    On one hand, city council does not want to scare investors away who will upgrade these units if converted. Even though I believe the conversions in Meadow Green will be trashed eventually, it creates work and much needed improvements. If there is ever a revitilization anywhere, you need to start somewhere.

    On the other hand, people are displaced in a market with little to no vacancy. and that is not fair.

    The city has a tough job right now, but I believe they are making some great strides in affordable housing. Take a drive by St. Pauls Hospital and the new affordable housing there. And this past week some properties were bought by the city on 20th for more affordable housing.

    Now, if they can just do something with condo conversions and that is fair would be nice. But I guess it would be too late for people like in the Milroy.

  • Alexander Trauzzi
    May 15th, 2009 at 2:36 PM

    Affordable housing is not a solution. It is an appeasement that most of the people affected will barely or even not qualify for.

    The city is making strides indeed – backwards.

    Saskatoon does not need investment in property. I can’t understand why everyone is being so isolated in their thinking to use property investment as the only metric for growth.

    That in itself reveals the profit-crazy mentality in anyone right away.

    What have we heard on the front of ground-breaking job opportunities and long term career development in the citizens of Saskatoon?

    Anything more than fast food, being shipped off to Alberta (and beyond)?

    Some of the people posting here are out, getting out or considering it.

    The people are poor and we are manufacturing our own debt in this country by allowing the wealthy to gouge like this. Let’s put the brakes on and take a break from the swimming pools full of money to consider our priorities.

  • Norm Fisher
    May 15th, 2009 at 2:36 PM

    “Saskatoon does not need investment in property.”

    I suppose that new apartment buildings are just going to erect themselves?

  • Alexander Trauzzi
    May 15th, 2009 at 2:37 PM

    Norm,

    There’s not a lot left as an option at this point when you add everything up.

    The last look seems to reveal the cold truth: The only thing that seems to be allowable is reckless profits.

    I’m not sure how a value like that can be said to have survived thorough consideration.

  • Jesse G
    May 15th, 2009 at 2:37 PM

    Alex,

    I agree with yout assessments on the current situations here. Especially the fast food comment. In a previous post I was filled in that there were 958 new businesses so that it’s ‘obviously’ a boom…to which i remarked i’d love to see what those businesses make up and how many pay more than min wage, how many are ‘new duplicates’ or an old business with a new name.

    This city’s insane.

  • Larry Yatkowsky
    May 15th, 2009 at 2:38 PM

    They who have the gold rule. Nothing new here. I find myself sensitive to old folks who have not got the power in finance or health, to fight the fight. Is there such as thing as an unregulated compassionate dollar in Real Estate?

  • Norm Fisher
    May 15th, 2009 at 2:40 PM

    Jesse,

    I think you’ll recall that I pointed to 8 or 9 different indicators which suggest the economy here is strong.

    Page 9 of this SREDA report outlines what industries the new businesses are in.

    http://tinyurl.com/36s9kd

    The rest of the report details the other items which you may also find interesting.

  • Norm Fisher
    May 15th, 2009 at 2:41 PM

    Larry,

    We’re about as short on compassion as we are on property. Seems that this one is now part of our history. It will be interesting to see what council comes up with as far as “policy changes” are concerned. There are currently 21 applications before council for additional conversions.

  • Robin
    May 15th, 2009 at 2:41 PM

    Johny,

    You are 100 percent correct. The guy needs to go. He’s the George W. Bush of Saskatoon.

  • Heather D.
    May 15th, 2009 at 2:45 PM

    Johny & Robin:

    Agreed! I’d love to put **** position to a no confidence vote.

  • dan
    May 15th, 2009 at 2:45 PM

    please someone start the process or at least get an investigation happening. I would not put it past certain councillors to be on the take. how can these people sleep at night is a good question. and some of the landlords in this city are worse than **** as far as gouging people to the max.

  • Larry Yatkowsky
    May 15th, 2009 at 2:46 PM

    Norm,

    Can’t speak to the wellness of some people in power however, 21 sounds like Blackjack and we know that the table is always in favor of the dealer.

  • Che
    May 15th, 2009 at 2:47 PM

    My rent went up by 30% in a very short period of time. I have not even so much as met or spoken to the owners, who live in another province. Any repairs and improvements to the property during my tenancy have been done by me. I can’t think of any justification for the increase other than greed. If property owners mortgage payments jumped up by 30% in a couple months there would be riots in the streets. Renters are vieweed as second class citizens. If these gougers (owners) are reinvesting their profits in Saskatoon I don’t see it in the form of additional rental properties. Maybe they are opening minimum wage paying businesses? Anyway, I’m sure that “market forces” will correct themselves once enough people are homeless and the problem can no longer be ignored. Myself, I have chosen to leave Saskatoon after 15 years…good luck to those who remain.

  • Alexander Trauzzi
    May 15th, 2009 at 2:48 PM

    Why wouldn’t you take advantage of the carte blanche profits get these days?

    Everyone is eager to step up and defend making money no matter the circumstance! Pepper it with a little freedom and you have the battleground of wealth that is our society today.

    After all, that’s all we’re dealing with here, right? Making money and…uhh…doing something for it – doesn’t matter what I guess. Just so long as the cash is pouring in, who cares?!

  • Norm Fisher
    May 15th, 2009 at 2:49 PM

    Please folks!

    Serious allegations of corruption and other criminal wrongdoing must be accompanied by your full name and a back link in the URL field or they’re going to be deleted. If you’re willing to put your name on it, there’s a good chance it will stay. If not, it’s going to the delete bin.

    Hope you understand.

  • Norm Fisher
    May 15th, 2009 at 2:50 PM

    Che,

    Sorry to hear that things have been tough for you. I truly hope that things are better where you’re going. Best wishes.

  • Robin
    May 15th, 2009 at 2:50 PM

    Norm,

    I live in Candlewood Apartments downtown, on 4th Avenue North. In January, we received a letter informing us of a condo-conversion application. It proved to be a sort of strange “heads up” of an intended application, though the application technically wasn’t made to the city.

    That is, until now. We just received our “official” notice tonight. It came right out of the blue; considering the new owner(s) just started accepting new tenants into the building as recently as a few weeks ago. Our notice was handed to us a week late–it’s dated March 18; and we have a 30 day option to purchase from the date of the notice.

    I’m just going to ask you point-blank: is it your personal opinion that city council will wake up, smell the roses, and finally do the right thing this April, and [finally] impose some restrictions on condo-conversions due to the abysmally low vacancy rate? Or, do you feel (as my gut tells me) that, once again, a majority of them will fail to do the right thing, and leave renters in a college town out in the cold?

  • Norm Fisher
    May 15th, 2009 at 2:50 PM

    Hi Robin,

    Sorry to hear that this is happening to you.

    I too often expect the best of people. I wonder how council can avoid implementing a stronger policy, especially with all of the pressure that must be on them but I’m not really all that hopeful.

    I was under the impression that these were all on hold for the time being while the issue is resolved so I’m surprised to hear of this.

    Good luck.

  • Robin
    May 15th, 2009 at 2:50 PM

    Norm,

    You raise a good point. I’m surprised too. I too remember reading that all new[er] applications were put on hold.

    I might look into that–whether the 6 month period has actually begun yet. Though it may not even matter in the end–we’ll probably have to move out sooner or later anyway.

    I sure wish there was an election coming up soon. Some of these councillors need their notices–their time should have been up months ago.

  • Norm Fisher
    May 15th, 2009 at 2:51 PM

    Robin,

    To the best of my knowledge the most recent policy change is detailed in this post.

    http://tinyurl.com/2qvbwp

    Earlier this month, things heated up a bit when city administrators asked council to approve all applications, and at that time pending apps were put on hold for further discussion. If I recall correctly, that’s going to happen around mid-April. I thought things would be on hold until then.

  • Jason
    May 15th, 2009 at 2:52 PM

    Sorry to hear this, Robin. Your best hope is that one of the immediate family members of the city councillors resides in your building. This would likely be the only the way they would show the slightest hint of concern for the tenants. Unless this happens though, your likely in the same boat as the Millroy and countless other tenants. You have to remember that according to the people of Saskatoon, if you aren’t one of the elite who owns a home, you don’t matter. :( Apparently becoming cold and uncaring is all part of “booming” economy.

  • Alexander Trauzzi
    May 15th, 2009 at 2:52 PM

    Jason,

    No kidding. But of course, be careful with all that commie-talk. Lest you be tarred and feathered with incredulity and branded as unmoderate.

    Nobody these days wants to hear about the people they’re screwing. That’s just plain depressing!

    I’ve been seeing a fair bit of people coming on here and getting their complaints out in the open.

    Once again, a year ago I was saying the same thing and also asserting that for every person who complains, there are countless others that aren’t.

    Why? You think it feels good to be told to put up or shut up? Honestly, the more I read about this whole situation, the more it smacks of bullying.