SUNDAY January 12, 1997 "The Biggest Mistakes to Avoid in Your RRSP! FREE KIT NO FEE Cali 925-9210 “Bind Court upholds condo’s age covenan By lan Noble News Reporter PEOPLE over the age of 50 living at the posh Carlton At The Club have won the first-round in a battle to keep their 182-unit building on the lighter side of grey. A covenant prohibits people under the age of 19 trom living in the build- ing and requires at least one person living in each suite to be 30 or more. A B.C. Supreme Court decision released Wednesday determined the covenant is not discriminatory. The court found the covenant is within North Vancouver District's jurisdiction to impose and should nor be struck under the Property Law Act. However, owners of the 30 units not occupied in accordance with the covenant won't have to rent or sell their suites yet. Carlton At The Club resident Bill Hawkins, 69, welcomes the court deci- sion. He said he bought his suite in the East Keith Road building by the North Shore Winter Club because he was told it was in a seniors’ building. “I want to be ina place with my peers and I don’t want children running up and down the halls anymore,” said Hawkins, who has raised five childrer He said damages at the the “marvellous” building — which includes a bil- Hard room, a pool, exercise room, theatre and party room — were not intlict- ed by adults. “It’s lke walking into a five-star hotel. It’s a gorgeous building and we want to keep it that way,” said Hawkin: The covenant goes back to 1988, when developer Co-operatars Ge Insurance Conppany asked the district for permission to build a rental complex for “active seniors.” The district approved the rezoning in 39 with the covenant in place. Marksearch Properties became a development partner in 1990. In 1992 , the district approved a developers” request to strata the units, but rejected an appeal to remove the restrictive covenant, The district said devel opers knew of the restriction when they began the development and the orig: inal plan called for relatively affordable housing for older people. Chris Grauer, North Vancouver District’s Jawver, believes Wednesday's decision is the first step in what could be a three-stage process Qn Jan. 20, a tral to determine whether the court will enforce the co is scheduled to begin. Ifthe court determines the covenant will be entorced against the defendants, Graver said some owners could pursue a claim for com- Pensation against the developers and two sales agents. Richard de Filippi, the lawver for the developers and sales agents, said a te owners have launched legal proceedings. They allege that they were led to believe the district would not enforce the restrictions or alternatively, that agents failed to reveal the covenant De Filippi's clients deny the allegations. Grauer is reasonably confident the court will entorce the covenant. ~My view ts the biguest hurdle is the one we just crossed burt this 1s. a court case and anything can happen,” he said. Alastair Wade is the lawyer for Elizabeth Fawcett. She fives ina suite she purchased i in 1993 even though she did not meet the age criteria. Vade said he and Fawcett will meet with other defendants to derermine whether to appeal Wednesday's m. He said defendants teel it’s unfair they can’t live ina place they own. There are no restrictions on ownership. By Anna Marie D'Angelo News Reporter NEW technology will allow Lions Gate Hospital to upgrade one of its nuclear medicine scanners for $300,000 to perform $ state-of-the-art PET scans. Rat funds tor the upgrade have vet to be approved. A new dedicated PET scanner {Positron Emission “Tomography would cost about $1.5 autition. “PE Pomaging can detect most TuMOLS \ ratly or show the extent of spread much better.” scid Dr. Philip Cohen, head of Nuclear Medicine at Birders of a feather flock to Squamish Dyke life 213 BILL Hawkins (left front) and Henny Mosterd (front m Manaday: High oc Matndy slowly low OC, NEWS photo Terry Peters die) are joined by other supporters of North Vancouver District’s bid to enforce age restrictions for a seniors-oriented complex. fions Gate Hospital (LGH). Cohen stresses that PET scanning, is currents at the research stage only. PET scans pick up the glucose use of cells in the body. Cancer cells tend rouse more ghicose than nornial cells. CT (Computed Pome MRI (Magnetic Resonan LGH cancer scanner upgrade sc ing organ structure and the differences invussue benween things such as tar and fluid “Tumor cells are sometimes very hard to see iH there is no easy way to differentiate the nasues,” said Cohen, He said that if LGH gets the nod to upgrade one of ats scanners so chat it wan alse perform P rans, a research Michelle Mares performs with the VSO music p22 pilot program would use P sean: in the diagnosis and vrestment of ast cancer patients on the North Shore Fach vear breast cancer is diag- hosed in-mere than 100 North Shore women, Several handred women ncer page 3 Auditors keep bar profits necines hustne