Mayor
defends
W. Van

process

By lan Noble
News Reporter

WEST Vancouver Mayor
Mark Sager took the News
and council critics to task
for saying too many deci-
sions are made in West
Vancouver behind closed
doors.

But critics continue to say that’s
the case in the tony municipality.

The difference of opinion seems
to stem from what goes on in “exec-
utive sessions” before council meet-
ings.

Council rules describe the ses-
sions as an informal presentation of
information and general discussions
of matters in the initial stages of
consideration.

Sager said Monday they are not
the kind of issues people attend
public meetings to hear about.

“There’s no decision-making.
It’s an information giving and get-
ting session.”

Of the items on the executive
session over the last six years, only
two have not made it to an in-cam-
era formal agenda or a public coun-
cil meeting, he said.

“Do you think this man here,
who’s the former attorney general
of British Columbia,” said Sager,
referring to Coun. Allan Williams,
“would allow me or anyone else to
conduct public business in-camera?

“[ don’t think so.”

“The main difference you see in
this council chamber as opposed to
others around the region ... is council-
lors take time to listen to one another
and hear their views,” he said.

At Monday’s executive session,
Coun. Allan Williams proposed two
new bylaws that will be coming for-
ward to council next week.

“All he wants to do is put them
on the table, so you've got it. So
they have a week to think about it,”
said Sager.

Bur council watchers say too
much docs go on behind closed
doors in West Vancouver.

Roff Johannson, a former direc-
tor of the Ambleside and Dundarave
Ratepayers Association and 2 holder
of a Ph. Din International
Relations, says the situation in West

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GHASTLY pumpkins gather with ghoulish intent at a home in the 2900-block of Mathers Avenue in West Vancouver.

Foreclosure fear
removed in wake
of court battle

By Martin Millerchip
Contributing Writer

EILEEN Dunster would like
others to profit from her
experience and not end up
in hospital from stress-rclat-
ed health problems.

Her advice can be boiled down
to three simple words: “Get a
lawyer.”

Dunster has spent more than a
year living in fear of toreclusure on
the North Vancouver family home
that her lace husband built in 1950,

Bur a B.C, Supreme Court judge
ruled Jast week that although her
$144,000 mortgage was in default,
the foan from Aaron Acceptance
Corporation. was “unconscionable
and invalid.”

Dunster told the News she was
“absolutely eestatic” over the court
decision but says she has paid dearly
for it.

“I'ma senior and the worry has
been going, on for two years and [ended up in the
hospital. [e's really been awful.”

Pressed to elaborate, Dunster reluctantly
admits that she had kept her financial woes from
the rest of her family until a bleeding leer
required hospitalization and five emergency
blood transtt

She said her Grand Boulevard hame had
always been mortyage-tree until 1993 when ber
foster son Steve Lurkyn requested her help in
guaranteeing a loan for his ousiness.

“We're the old-fashioned wpe. We never
believed in running up bills or credit. | still don’t
have a gas card or Visa,” the 76-year old widow
said.

But Dunster was forced to mortgage her home
when Lukyo acceded more than the $16,300 she
had already borrowed for bim trom the North
Shore Credit Union to prop up his dive business.

Lukya arranged a 553,000 loan from Aaren
Acceptance Corporation ans Dunster guaranteed
it with a mortgage on her home.

At an August 1993 meeting in Aaron's office
Dunster was presented with:

a mortgage application form;
@ a disclosure starement;

RR

EILEEN Dunster and her lawyer Gary Bal
keep. A B.C. Supreme Court mortgage ru

Ba mortgage commitment contract;

@ an authorization tor disbursement;

Ba letter confirming brokerage fees, discount and
an effective interest rate of 23.985 1%;

Boa form acknowledging receipt of mortgage
terns;

Ban extract from the Consumer Protection Act.

In addition, she was given a etter from
Aaron's solicitors that confirmed “vou should
abtain independent legal advice but hive chosen
not to do sea.”

Dunster said nobody told her to seek legal
advice and that she just signed or initialed: the
forms as they were given to her.

Likyn’s | post-dated mortgage | payment
cheques began to bounce immediately and by
October 1993 Aaron had stacted a collection file.

Dunster was called on te make all payments
and she did so.

In February 1994 Dukyn asked Dunster tory
further loan.

During cnother meeting at Aaron's office the
same series of forms and letters were circntated for
Signatures and initials,

This time the mortgage was inersised to
$144,000.

NEWS photo Terry Peters

dwin stand by the North Vancouver home she fought to
ling was recently made in her favor.

Lukyn'’s annual income was stated as
$160,000 but he was not asked to provide proof
of income.

Madam Justice Mary E. Saunders states in her
reasons for judgment:

“A letter signed by both Mr. Lukyn and flrs.
Dunster affirmed thar they cach had sufficient
income to pay the monthly mortgage.

“That Aaron should have appreciated that this
was not so is Obvicas, given Mrs. Dunster’s stat-
ed before tay income and given Aaron’s failure to
inquire into Mr. Lukyn's announced doubling of
his annual income during the very time period
that cheques for $431 on the August 1993 mort-
yage were not honored.”

Lokyn immediately defaulted on the mortgate
payments of $1,077, teaving Dunster to sr gyle
with the debt fora carded) faint and fac-
ing foreclocirs sn. oe Neaie.

(Meats at Aaron Acceptance Corporation
refused to comment on why Lukya was never
asked to provide proof of his statement of annital
income.

Notes Justice Saunders: “In failing to explore

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