Surrey homeowners fined for continuing to rent out illegal suites despite court order
Homeowners in Surrey who turned a single-family home into an "unauthorized and unpermitted" four-plex could be on the hook for as much as $19,000 after defying a court order telling them to stop renting out the suites, a judge has ruled.
A B.C. Supreme Court decision posted online Tuesday outlines the history of the dispute between the City of Surrey and property owners Sukhdev Singh and Kashmir Singh Sahota.
According to the court documents, the home was purchased in 2021 and the owners proceeded with "extensive renovations." By March of 2022, a two-suite addition had been built and a secondary suite had been added.
"The City of Surrey alleges the respondents did so without permits or required inspections and contrary to the 'stop work' orders, tickets, warnings from the City of Surrey, and the applicable bylaws," the court heard.
CONTEMPT OF THE INJUNCTION
In April, the city applied for and was granted an injunction that ordered the owners to stop renting out the units. In September, they were found in contempt of that order.
"Despite the April order, the respondents continued to use the addition and the secondary suite as three separate rental units, which have been occupied by third parties in exchange for payment to the respondents," Justice John Gibb-Carsley wrote, summarizing his decision to find them in contempt.
"The respondents have also been using the upper floor of the house as a fourth rental unit for tenants."
THE PENALTY
At a November hearing, Gibb-Carsley provided his reasons for imposing an immediate financial penalty of $6,000 for the breach of the court order and a further $13,000 to be paid if the suites remain occupied on Jan. 1, 2023.
The City of Surrey argued that the owners made no attempt to "purge the contempt" by having the tenants vacate the property. The judge's decision noted that the owners provided signed agreements from three of the tenants saying they would leave – but that they were dated only one day before the hearing.
For their part, the owners told the court they knew they were violating city bylaws and the court order by renovating and renting the suites.
"The respondents stated that they 'never thought it would get this far.' They said that so many other people in Surrey are doing the same thing—that is, building and renting suites without permission—that they did not think this would happen," the decision says.
Singh and Sahota said they have "made sincere efforts" and spent a considerable amount of money trying to retroactively get the necessary building permits from the city.
Further, they said it was difficult to get the tenants to leave because "the respondents charge a low rent and … it is very difficult to find similar rental accommodations in the Lower Mainland." However, the judge said he had seen no evidence that there had been "concrete efforts" made to remove the tenants.
THE NEED FOR DETERRENCE
Gibb-Carsley, when explaining why he ordered the fine that he did, stressed the need to deter people from "blatantly" disregarding court orders. He also agreed with the City of Surrey that there are potential safety consequences to flouting building codes and the permitting process – even if these particular suites did not present any immediate danger.
"The practice of offering unlawful suites for rent and inviting members of the public to occupy uninspected buildings without occupancy permits to my mind poses at least a theoretical risk to the health and safety of the community," he wrote.
"To think otherwise would render the municipal building and occupancy bylaws meaningless."
In considering an appropriate penalty for the owners if they continue to rent out the suites past the Dec. 31 deadline, the judge said it needed to be significant enough to "blunt any financial incentives the respondents may have in continuing to remain in contempt."
Singh and Sahota have also been ordered to pay the municipality's legal costs.
"Given the City of Surrey is a local government, funded by taxpayers’ dollars, and was required to incur the costs of these contempt proceedings solely because of the respondents’ actions, it is appropriate," Gibb-Carsley wrote.
"I have some sympathy for the respondents and their stated belief that they could apply after the fact to remedy their various infractions. However, in my view, their actions have forced the City of Surrey to take steps and incur costs to enforce orders of this court."
CTVNews.ca Top Stories
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
Indian envoy warns of 'big red line,' days after charges laid in Nijjar case
India's envoy to Canada insists relations between the two countries are positive overall, despite what he describes as 'a lot of noise.'
Susan Buckner, who played spirited cheerleader Patty Simcox in 'Grease,' dead at 72
Susan Buckner, best known for playing peppy Rydell High School cheerleader Patty Simcox in the 1978 classic movie musical 'Grease,' has died. She was 72.
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Alcohol believed to be a factor in boating incident after 2 men die: N.S. RCMP
Two Nova Scotia men are dead after a boat they were travelling in sank in the Annapolis River in Granville Centre, N.S., on Monday.
Northern Ont. woman makes 'eggstraordinary' find
A chicken farmer near Mattawa made an 'eggstraordinary' find Friday morning when she discovered one of her hens laid an egg close to three times the size of an average large chicken egg.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.