Phyllis Lambert, one of Canada’s pre-eminent philanthropists and founding director of the Canadian Centre for Architecture, has condemned the possible sale of a West Vancouver heritage house owned by the financially troubled Land Conservancy.
“To even contemplate the sale of the Binning House to a private owner is to abrogate its status, an unthinkable act that would denigrate the fundamental values of a democratic society that respects the rule of law,” Lambert said in a Nov. 11 letter to the District of West Vancouver.
Lambert, a member of the Bronfman family, is outraged that Victoria-based TLC is prepared to accept $1.6 million for the house, designated as both a national and municipal heritage site.
Opponents to the sale, including the B.C. Attorney General’s Ministry, are taking their arguments to the Supreme Court of B.C. in Vancouver. TLC is in creditor protection and any sale must be approved by the court.
At issue is whether the house must remain as a charitable holding or if TLC has the authority to sell it to a private interest. This case is putting B.C.’s Charitable Purposes Preservation Act to the test.
The amount of time the growing number of opponents want in court prompted the matter to be postponed from a Monday hearing to another date still to be finalized.
BJW Real Estate Holdings of Vancouver, headed by Bruno Wall, chief executive of the publicly traded Wall Financial Corp., has submitted an unsolicited offer for the house, one of TLC’s seven heritage properties.
TLC plans to sell some of its 50 B.C. properties to pay off $7.5 million in debt and is working with a monitor to restructure for a sustainable future.
Heritage advocates fear not only the loss of public access to the Binning House, but that the sale could lead to the TLC to sell its other historic sites. TLC’s heritage holdings include Ross Bay Villa and Abkhazi Gardens in Victoria.
Bertram Charles (B.C.) Binning designed the Binning house in 1939 and it was completed in 1941. It stands as an early example of modern architecture in Canada.
“Emblematic of modernism, the house has a flat roof, free-standing columns and an open plan that flows from interior to exterior,” said Lambert, a member of the Order of Canada.
After Binning’s death, his widow, Jessie, allowed access to architects, academics and journalists for decades, Lambert said.
It is largely because of Jessie Binning’s diligence, dedication and community spirit that the house and B.C. Binning’s work “continue to be examined and to have an impact on new design,” Lambert said.
Jessie Binning died in 2007. The house went to the Binning House Property Society, which transferred it to TLC. “It is widely known that it was Jessie Binning’s wish for the Binning House to continue to serve as a historic and scholarly resource for the wider community,” Lambert said.
BJW’s lawyer said the plan is to invest $200,000 to upgrade the house. TLC’s board and its monitor are in favour of the sale.
John Shields, TLC manager, said: “The major issue, I think, and it is probably a very significant one is: which of the provincial statutes can bind the court with respect with the CCAA [Companies’ Creditors Arrangement Act].” One is the Land Title Act, which gives the owner the right to dispose of property, and the other the Charitable Purposes legislation.
TLC is in favour of the sale because it would provide cash. The prospective buyer wants to preserve the house. Two other TLC properties remain on the market, a development site in Sechelt and an undeveloped lot, zoned residential, next to Abkhazi Gardens.
