West Vancouver demolition order halted after appeal court finds judge had conflict

Yahoo

4 days ago

B.C.'s appeal court has overturned an earlier decision upholding a demolition order for a West Vancouver mansion.
Homeowner Rosa Dona Este was successful in her bid to overturn the earlier court decision, after it was found the judge who allowed the order to go ahead had previously worked for a law firm representing the municipality and had consulted on the matter of Este's home.
Este had argued against the judge's decision about the validity of the demolition order but also raised concerns over the judge's involvement in the case before being appointed to B.C.'s Supreme Court.
'According to Dr. Este, the judge also erred by failing to recuse herself based on a reasonable apprehension of bias,' said the appeal court's decision, handed down earlier this month.
'Este raised this issue prior to the hearing and advanced an application asking the judge to recuse herself on this basis. The judge dismissed the application, noting that almost seven years had elapsed since she had worked at the firm and stating she could not recall having ever been involved in the file or related matters.'
While Judge Francesca Marzari had said previously that she did not recall working on the case involving Este's home, a lawyer for the West Vancouver district later filed an affidavit that said Marzari 'had sent an email to employees of the District advising them on matters related to the possible demolition of Dr. Este's home.'
'This information about the judge's prior involvement in the matter under appeal is clearly relevant to Dr. Este's allegation of apprehension of bias. For the reasons that follow, I conclude Dr. Este's applications must be granted,' wrote appeal court Justice Bruce Butler.
Butler noted that if the appeal were refused, 'steps could be taken that could lead to irreparable harm to Dr. Este.'
'The balance of convenience, and particularly the overriding concern for maintaining judicial independence and impartiality, weighs in favour of granting a stay,' he wrote.
The property in question is a 6,000-sq.-ft. waterfront home at 2668 Bellevue Ave. and was bought in 2003 by Este and her mother, Mina Esteghamat‑Ardakan. Este lived in the home until 2015 when a fire caused extensive damage.
The home remained uninhabited and in a derelict state until 2020 when, following a number of neighbour complaints, the district ordered it demolished.
Complications arose when the district found Este had rebuilt parts of the home without having sought proper permits or permission from her co-owner.
Este's ex-husband, Mehran Taherkhani, also fought the demolition, arguing he had a stake in the matter because of divorce proceedings set for trial in 2026.
Este and her mother had also previously been in court, battling over control of the property.
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