Get documents about "Dream home a nightmare The Bryden family of Rideau Lakes Township
Document Sample
Dream home a nightmare
The Bryden familyof Rideau Lakes Township highhopes
had
whenthey set out to buildtheirdreamhomein 2002. But after
a bitterlegalbattle,they now facelosingthe h o m ea n dt h e i r
currentresidence, Andrew Thomson reports.
Andrew Thomson
The Ottawa Citizen
Saturday, January 12, 2008
Afteryearsof planning and dreaming,
Loriand RickBrydenhopedby now
they'dbe livingin their dreamhomeon
old familypropertyoutsideWestport,in
Rideau Lakes Township.
--
That hasn'thappened their unfinished
househas sat vacantsince2002. Now
they and their teenaged daughterface
the prospect hugefinanciallossesand
of
removalfrom their current housein the
middleof winter.
Lori,an educator who ran in
Leeds-Grenville the Liberals
for in CREDIT: BrunoSchlumberger, The Ottawa
October's provincialelection,hasn't Citizen
stoppedwritingto PremierDalton From left, RickBryden,Mara Brydenand
McGuinty cabinet
and ministersat Lori Brydenface being homelessafter a
Queen's Park,desperate a last-minutelegaldisputeover the constructionof their
for
reprieve after yearsof disputeswith the dream home, which has been condemned.
the and
builder, municipality their
warrantyprovider.
"We have no optionsleft for usr" she said. "We are absolutely
stuck in this awful
situation."
The Brydens want to know how a houseonceapprovedby townshipbuilding
is
officials now consideredunsafe,despiteno changein construction five
for
years.
The most recenttwist was when the Brydens,both 44, received sheriffs
a
noticein November vacatetheir currenthouseon the same propertyso the
to
former contractor home,to recouppart of his
can auctionit, and the unfinished
damage awardsin a judgmentfrom a February regarding longstanding
lawsuit a
paymentdispute.
Bob Pollard, Westport
a won $78,000in damages, auctionis Jan.
builder, The
29.
beingevictedfrom the housewe live in," said Rick,a school
"We are essentially
bus driver,who callstheir situation cautionary for new homebuyers.
a tale
The story beganin 1986,whenthe youngcouple boughtthe landon North
ShoreRoad from Lori'smother.The lO-acrepropertyhas beenin Lori'sfamily
for generations alreadyhad a 1960s-era
and house.
The Brydensspentmore yearsdesigning
their dreamhome,whichneededa
provisions.
numberof special
Maraspenta gooddealof her first year in hospital
and,to this day, fights
severeasthma.Lori'srheumatoid arthritis flaredup at the sametime, leaving
her physically and unable work for four years.
disabled to
The property's homestead
original wouldbe moved,splitting landinto two
the
barrier-free
lots.The new housewould be an open-concept, spacein caseLori's
physicalconditionworsenedagain.
In 2002,they hired Mr. Pollard, experienced
an and family
localcontractor
acquaintance,alongwith an architect.
The Brydenslinedup their mortgage,got
approvalfrom the township and nearbyconservation and had the
authority,
landsurveyed.
whileLori'smotherstayedin
Theymovedinto a traveltrailerin July2OO2,
workshop. olderhousehad beenmovedbut needed new foundation
Rick's The a
and hydroconnection.
began,
Construction with township visiting ensure
officials to the Ontario
codewas beingfollowed.
building
But work stoppedin December 20A2after a paymentdisputebetweenMr.
and
Pollard the Brydens' bank,
Meanwhile, Brydens
the hiredan engineer inspect house.
to the Three
geotechnical, building
structural, and followed.
codeengineers
The reportsdiscuss building and
code,measurement structural issues that need
especially the basement.
attention, in someof their findings
Rickhighlighted
duringan hour-long tour of the unfinishedtwo-storeyhouse,whichremains
at
opento the elements several pointsand is surrounded discarded
by wood,
styrofoam, and cinderblocks.
Mr. Pollard
eventuallysuedthe Brydens recoverpaymentfrom 2002, arguing
to
duringa two-weektrial that any required couldbe madeduringthe final
repairs
framingprocess,and that other structuralchanges by
had beenrequested the
Brydens.
In February, Brockville
a SuperiorCourtjudge agreedwith the plaintiff,after
testimonyfrom engineers and workers,The Brydensowe $78,000as a result,
plusthe trial'slegalbills.
Loriand Ricksaid20 per cent of their wageshavebeengarnisheed part of
as
the payment process. Pollard
Mr. has now put a lienon the two houses well,
as
sayinghe has no choice to auction
but them.
He offereda settlementbeforethe trial but it was refused,Mr. Pollardsaid in a
telephoneinterview. Any questions
abouthis company's work were addressed
duringthe trial, he said.
The Brydens want nothingmore than to see work resumeon the new house,
whichis withoutplumbing, or A
insulation, drywall. contractor
heating, has
estimatedthat the houseneedsabout$250,000 majorwork, whichthe judge
in
ruledrestswith the family.
The Brydens spendhundreds dollarseach month heatingthe basement
of to
preventfrost and cracks.They'vealso continuedmortgageand propertytax
payments five years. But a warrantywith Tarion,the privatecorporation
for
that insuresnew homebuyersin Ontario, beginsonly when,or if, they move in,
The Brydens not qualifyfor Tarioncompensation
do they owe the
because
moneyand the houseremains
contractor openand incomplete, spokesman
said
RobMitchell.
"The (warrantyprogram)was neverdesigned intervene situations
to in were
people in arrears."
findthemselves financial
unusualcircumstance,"
A lack of written contractis an "exceptionally Mr.
Mitchelladdedyesterday.
Meanwhile, Rideau LakesTownshiphas postedordersto stop work and prevent
occupation, demanding repairsto severaldefectsbeforefurther construction
occurs. The Brydenssay they receivedthe list of neededrepairsin December
it
after requesting for months.
The Brydens' biggestsourceof frustrationis why construction
was approvedin
2OO2, onlyto havethe township condemn houseas unsafe
the underdifferent
officials,
building basedon the engineering reports,
is for Ricksaid."Wedon't feel it should
"Somebody responsible thesemistakes,"
beus."
A lawsuit the wouldlikelycostthe Brydens
against township another$100,000,
he added.
RonHolman, mayorof Rideau Lakes Township, with the
saidhe sympathized
predicament
Brydens' and that his office'seffortshad been"openand
transparent."
But he added:"There'sno way I couldjustify that the taxpayersof Rideau
Lakesshouldbe responsible any portion"of potential
for compensation.
The mayorsaidthe civilcourt rulingagainst
the Brydens assigned no
to
responsibility RideauLakes.Building code issueshave beensatisfied, said
he
postedthe unsafebuildingorder after an indication
and townshipofficials the
house was aboutto be occupied.
The townshipwas waitingfor a responsefrom the Brydensafter sendingthem a
repairs
list of needed last month,saidMr. Holman.
received contractor's
Officials the estimatebut have not heard backfrom the
Brydens aboutscheduling privatemeeting discuss
a to he
legalissues, said.
The Brydensdenyany unwillingness meettownship
to That includes
officials.
severalappeals Mr. Holmanand other councillors
to aboutthe OntarioBuilding
Code.
"We havefallenthrougheach and every crack,"said Rick."All we ever wanted
was a housethat wouldsuit our lives."
The situationhas left one observerwonderinghow a housecouldbe approved
and eventuallycondemned virtuallythe samestageof construction.
at
is
"It definitely one of the crazieststorieswe've ever heard,"said Karen
Somerville, president Canadians Properly
of for BuiltHomes, Ottawa-based
an
organization callingfor strongerprovincialactionto protectnew homeowners.
Print Story - canada.com
network http://www.canada.com/components/print.aspx?id:b6d5 -4...
8438-0645
She has writtento MunicipalAffairsMinister
Jim Watsonand Government and
Consumer Services Ted McMeekin
Minister and has askedthe Townshipof
Rideau to
Lakes clarifywhy the housewas approvedin 2002 but later deemed
unsafe.
So far, the government
response the Brydens,
hasn'tsatisfied who say their file
has beenshuffledbetweenministries.
The Brydenshave beenadvisedto move away and forget aboutthe land. But
they'vevowedto continue propertythat
their fight for the horseshoe-shaped
abutsa quiet pond: the "centreof the universe," to
according Rick.
to
Lori has beenapproached run for the Liberals Leeds-Grenville
in duringthe
But she has more importantthingsto take care of in the
next federalelection.
meantime.
"I probablyneeda houseto live in first," she said.
