The Land Conservancy did not win the right to immediately sell its historic Binning House in West Vancouver, but the Supreme Court of British Columbia left a window open by giving it the option to return with a new plan.
In a 90-page decision on Wednesday, Justice Shelley Fitzpatrick also rejected the University of B.C.’s contention that it had an interest in the 1941 property, which is considered an early example of modern architecture.
Fitzpatrick adjourned approval sought by the TLC to sell the house and its contents for $1.6 million to Bruno Wall, a Vancouver businessman. Wall presented an unsolicited offer and “the sad fact” is that no one else has come forward to take on the property, Fitzpatrick said. Wall is a collector of work by B.C. Binning, a noted artist who died in 1976.
At this time, it is impossible to decide whether it is appropriate to allow the sale to go ahead, Fitzpatrick said.
Fitzpatrick said she is unable to conclude that no other solution exists, such as an alternate trustee to take on the obligation of owning and administering the house.
A statement from TLC board said the issues before the court are complex and its lawyers will have to analyze the reasons in the decision before TLC can provide a full statement. “However, we are heartened by the court’s recognition, as noted in the decision by the Madam Justice, of the efforts by TLC and its many supporters and volunteers in furtherance of this worthy cause and in these difficult circumstances,” a statement said.
TLC owes $7.5 million and is protected from creditors until April 25. A court-appointed monitor is working with the agency, which holds 50 properties around B.C. valued at $43.7 million.
Currently, the organization’s ongoing operations are only possible because professional fees are not being paid, the decision said.
Jessie Binning, widow of B.C. Binning, died in 2007. The house had already been declared a national historic site of Canada in 1998. The property was transferred to a new Binning Heritage Property Society and subsequently to the TLC, which has allowed public access to the property. The intention of the Binning Society in its transfer to the TLC was to allow for public education, the decision said.
The proposed sale of the property was to help the Victoria-based TLC survive in the long term. It is hoping to sell some of its other properties.
Heritage advocates, the provincial government and UBC spoke out against the Binning property sale. For heritage supporters, the proposed sale would mean the house would no longer be accessible to the public and could have further implications for other heritage properties held by TLC.
UBC had argued in court that if the sale to Wall was approved, then under provisions of Jessie Binning’s will, it was entitled to the proceeds.
The court did not agree.
B.C.’s attorney general argued that the TLC did not have beneficial interest in the Binning House that can be sold. The attorney general and TLC disagreed on several points regarding what is legally allowed regarding a possible sale.
