Attachment 2: Letter from William Y. Kendon Re: 21 Eaton Avenue, Victoria – Update

Re: 21 Eaton Avenue, Victoria – Update

We write further to your November 18, 2021 letter.

Our client has informed us that he has relocated the tenants out of the second secondary suite, and the suite is currently unoccupied and will remain so.

Mr. Burns has retained a structural engineer to prepare a report on the relevant aspects of the building. However, they have estimated that the report will be completed by the second week in January at the earliest.

As Mr. Burns was not the owner when modifications were made, he intends to rely on the engineering report and/or advice from a qualified building professional to determine what work is required, and at that point will be in a position to determine what, if any, applications will be necessary to bring the building into compliance.

Your November 18 Letter indicates that the Town will commence proceedings on February 15, 2022 if four conditions are not met. Occupation of the suite has ceased, and Mr. Burns has complied with the request to retain a structural engineer. It is our position that conditions 2-4 are now not necessary given Mr. Burn’s intention.

Finally, we advise that we have instructions to also represent Mrs. Lara Burns should that be necessary. However, please note that Mrs. Burns is not an owner on title of the Property and in our opinion her status as an “occupant of the Residence and Property” has no bearing on any potential court proceedings for the alleged contraventions of the Town’s bylaws. We further advise that we do not act for Hyland Creek Ventures Ltd.

Yours very truly,

COX TAYLOR

Per: William Y. Kendon

cc: Client via separate email