Seeing Geel p Rec facility for Gleneagles JULY 70, 1998 Bright Lights Classifieds Crossword Garage Saies Lautens inquiring Reporter eee 12 Nerth Shore Alezt ee § Talking Personals ee 42 Noah Shore Free Press Li¢ Pubksner Peter Speck 1039 Lonsctale Avenue Noh Vancouver BC ‘WM 2x4 Canadian Publications Mad Saies Product Agreement No 0067238 ooo 10 ooo 35 |] ooe 39 80 Pages Age ru 5G-and-older age rule upheid by appeal court Judy Smith Contributing Writer OLDER people still rule at the Carlton At The Club highrise in North Vancouver. But since a June 30 B.C. Court of Appeal decision upheld the contro- versial age-restrictive covenant at the 182-unit residential building, the fate of the Carlton's yowinger residents remains up in the air. Alastair Wade 1s the lawyer for the vounger-than-50 Elizabeth Fawcett, who bought her suite in 1993. Even though he lost the appeal, Wade said the decision doesn’t mean his client must move. “If there is going to be an enforcement proceeding (by the district) that would be some time down the road,” he said. But older residents of the luxurious well-maintained building are happy with the latest court decision. Lilian Clough, 73, was attracted to the idea of the older adult building adjacent to the North Shore Winter Club. “Ir’s nice when children come to visit but I’m glad they don’t live here,” said Clough. The long saga began when North Vancouver District agreed to allow the developer, Co-operators General Insurance Company, to build the structure on the winter club site in 1989, Part of the deal was for the property to be rental accommodation for tenants 50 years old and older exclusively. The ‘age restrictive covenant” was meant to address the lack of relatively afford- b lc housing for older adults on the North Shore. In 1990, the developers asked the district to approve changes to the building design and to approve stratification of the building so that it would consist of individually owned strata units rather than rental accommodation. The changes were approved and permitted by the municipality bur the developers also asked for the elimination of the building's age restrictive covenant. The district said no. After marketing and sales of the individual strata units began in mid- 1992, legal problems also began when some of the buyers were younger than the age outlined by the covenant. So in 1994 the district launched legal action against some non-conform- ing occupants. More defendants were added to the action later and third- party proceedings began against the developers and two real estate agents. In 1996, the parties agreed to ask the Supreme Court of British Columbia to decide three issues of law. Conducted by Madam Justice Allan, the trial looked at: @ whether the age restriction in the covenant is discriminatory and contra- yenes the province’s Human Rights Code; @ whether the age restriction is within the jurisdiction or bevond the pow- ers of the district; @ whether the covenant is obsolete and should be cancelled. The judge ruled in favor of the district, saying the covenant is not dis- criminatory or obsuiete. And now the B.C. Court of Appeal has agreed. Chris Grauer, North Vancouver District’s lawyer, said the decision is based on an analysis of the human rights code and legal precedent. The Peo: ple who were challenging the covenant, he said, allege the lopers* enticed them to buy by saying the age restriction would be lifted. “Otherwise they wouldn't have bought,” said Grauer, nding he believes the owners had a settlement trom the developer. Richard de Filippi, lawyer tor the developers and sales agents, did not return News calls to press time Thursday. eral SALE f Fee ARtOUR ROSE addition fo ary ger garden Reg. $399 golf course debated Olk Festival p15 Preview of acts set for if this year’s extravaganza [R@ WV entrepreneur producing tunes fer Latin America This Week p14 ) The Voice of North and West Vancouver since 1969 es at NEWS photo Mike Wakefield LILIAN Clough, a five-year resident at Carlton At The Club in North Vancouver, is happy that the B.C. Court uf Appeal has upheld an age-restrictive covenant at the buiiding. Berkeley Forge CAST BENCHES 4 styles to choose yin yh) penches Weodeater 10” String TRIMMER ak, Hs Ocis edging and trimming Reg. $63.99 i SALE oon fee ee 8588. 98 SALE SALE 97