Bizarre backstory revealed in fate of troubled B.C. hotel - Action News
Home WebMail Friday, November 22, 2024, 05:56 AM | Calgary | -13.4°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
British ColumbiaCBC Investigates

Bizarre backstory revealed in fate of troubled B.C. hotel

A legal battle over control of a doomed hotel housing some of Port Alberni's most vulnerable residents reveals a complex web of litigation between former business associates found liable for "preying" on Chinese citizens hoping to fast-track immigration through business investment.

City ordered the Port Hotel's demolition despite owner's claim company fell victim to identity theft

A man in a suit and open-collared white shirt stands at a podium with a man in a white police or bylaw officer uniform sitting in the spectator seats behind him.
Micah Goldberg is the lawyer who represents the man behind the numbered company that owns the Port Pub and Hotel. He appeared before Port Alberni city council in July in a bid to save the building from demolition. (Port Alberni City Council/YouTube)

Last month, Port Alberni's city council ordered the demolition of a pub and hotel in the heart of the city's tiny downtown. Beyond the business,the Port Hotel's 28 residential units also provided low-barrier housing to some of the community's hardest-to-house residents.

The town has grappled with conditions in the Port Hotel since at least 2020,when city council first considered a report filled with pictures of the building's deficienciesand the man behind the numbered company thatowns the property promised to do better.

Things came to a head this year when renewed complaints culminated in the discovery of asbestos inside the building's walls and the evacuation of theremaining tenants.

A lawyer for owner Peter Wang made a last-ditch appealto stave off demolition,but councillors wouldn't budge, meaning destructionis now imminent.

As he argued for more time, the lawyerclaimed Wanghad been subject to a kind of corporate identity theft replaced overnight as director of his company bya woman who took over all correspondence with the city and demanded rent from tenants under threat of eviction.

Left unsaid was thatthe woman and Wang were former business associatesfound liable in B.C. Supreme Court earlier this yearfor a scheme that "preyed" on the wishes of Chinese citizens hoping to fast-track immigration to Canada throughinvestments in B.C.businesses.

'A2-sided investment'

As CBC has learned, theirlegal battles provideinsight into the fateof the Port Pub and Hotel, as well as pubs in Nanaimo and Gabriola Island and a cemetery in Saskatchewan.

The situation raises questions both about the responsibilityofinvestorsin low-barrier housing and the duty government has to ensure those properties are well maintained.

Chairs and tables sit abandoned inside the Port Pub and Hotel.
Chairs and tables sit abandoned inside the Port Pub and Hotel. The building was closed after the discovery of asbestos in the walls and is now slated for demolition. (Jason Proctor/CBC)

"I don't have a housing department. And we don't own residential housing. We don't have a housing commission or anything like that, or a housing authority," saidMike Fox, Port Alberni's chief administrative officer.

"And if we did, we would be upheld to a different standard than some owners of private facilities."

The Port Pub and Hotel is situated a stone's throw from Port Alberni'swaterfront quay, up a widemain street that also hosts city hall, the Salvation Army, a hopping Mexican restaurantand the busy Wildflower bakeshop and caf.

Tanice Mast works, lives and operates her store Tenacious Heart Studio one block upon the opposite side of the street. The deterioration of the condemned hotel and pub is a sore point.

An empty lot next door housed what she jokingly calls "the bike shop" a place to move stolen bikes and bike parts.Then there's the spillover of drug use, garbage and human waste that finds its way onto the street.

Mast says the building is a constant source of complaints to bylaw officials, police and fire officers. She could say the same for many of Port Alberni's other empty or seemingly abandoned buildings.

"I'm completely baffled by the attitudes I'veseen of some of these building owners because it would never cross my mind to let something go to such waste. And even further than waste to start contaminating the areas around it," she said.

"If you've invested in a property, that should be a two-sided investment. Where you get the benefits of having such an investment,but then your neighbours should also be enjoying benefits of having that owned by responsible individuals."

'The subject of a fraud'

A report to council inJanuary detailedthe city's history withthe Port Pub and Hotel dating back to 2020 when council agreed to "refrain from considering enforcement measures so long as significant and appropriate progress" was made fixing bylaw and fire code violations.

Despite that promise, theproperty had Port Alberni's highest police, fire and bylaw call volume. The most concerning violations were under the fire code:"emergency doors not working as intended, tied open or barricaded with garbage piled at the bottom of the fire escape."

Someone has scribbled in yellow marker on a hotel window: We miss the Port Pub.
Graffiti a block up from the Port Pub and Hotel calls for the Port pub to be saved. The building is slated for demolition. (Jason Proctor/CBC)

"There is significant garbage accumulating inside of the structure, often extending out into the alley, sidewalk and fire exits, obstructing egress," the report said.

"Communal washrooms are out of service, missing doors off of units, padlocks on the outside of doors, exposed wires, drug paraphernalia, rats, interior ceilings, walls and doors are full of holes, leaking water, missing drywall and black mould is visible throughout the top and bottom floors."

In aplea for clemencybefore council in July, Wang's lawyer Micah Goldberg said while "some of these issues are structural, a significant number are not."

"There are no easy solutions to several of these issues, the effects of which are related to the psychological condition of the tenants," he wrote in a brief submitted to council, which cited "the ongoing mental health crisis the province is experiencing."

Goldberg told councillors his client was taking remedial steps to repair the property by installing smoke alarms and carbon dioxide detectors, fixing escape doors and sending a safety plan to the fire department.

But he said those efforts were interrupted when the B.C. Online account belonging to the numbered company through which Wang owns the hotel and pub was compromised and the names and addresses of the directors were changed.

"It was essentially the subject of a fraud that it has only recently been able to rectify," Goldberg told the councillors.

"When my client retained contractors to enter into the property, they were restricted by the individual we believe was responsible for the fraud, who sent those individuals away. That same individual was responsible for attempting to collect as much rent as possible."

Railways and cemeteries

In a lawsuit filed earlier this year to regain Wang's control of the numbered company, Goldberg names the"individual" he spoke about in Port Alberni as Qian Fan also known as Sophie Fan.

As recently as February, Fan and Wang were co-defendants in a B.C. Supreme Court ruling won by Chinese citizens who claimedthe former business associates promised to help them find a path to citizenship through investment in B.C. businesses.

A tan building with a peaked roof and wood stairs leading up to a fenced patio
A judge found that investors were 'induced' to purchase Gabriola Island's Skol Pub in a deal that saw Peter Wang installed as the pub's manager. (Google Maps)

"The defendants preyed upon the plaintiffs' wish to immigrate to Canada with a scheme designed to use investment funds for their own purpose and with no apparent intention of actually assisting the plaintiffs' immigration efforts," wrote Justice Nathan Smith.

"The targets of this scheme were made vulnerable by their lack of knowledge of English or of Canadian immigration rules and requirements."

In reaching a final judgment, Smith untangled a dizzying array of corporate ownership to explain how one investor a Chinese railway magnate came to believe hemight establish a mini-railway on protected property in Squamish's agricultural land reserve.

The judge found another investor the former owner of aBible Park in China likely provided funds to buy a share of a cemetery in Moose Jaw.

And he said that both investors were "induced" to purchase Gabriola's Skol Pub in a deal that saw Wang installed as the pub's manager.

"During the time Mr. Wang claims to have been managing the pub, he had also agreed to manage a restaurant in Chemainus and a pub in Nanaimo for other clients while giving an undertaking to the government of Saskatchewan to be the full-time manager of a cemetery that was being purchased in that province," Smith wrote.

In a "note on credibility," the judge said he rejected both Fan and Wang's evidence "where itconflicts with any other evidence."

"I found their evidence at trial to have generally been contrived, concocted and fabricated with an intention to mislead the court," the judge said in a later proceeding to assess special costs.

"This pervasive untruthfulness amounts to reprehensible conduct."

'I was so naive'

Fan has not responded to the lawsuit filed to wrest back control of the numbered company that owns the Port Pub and Hotel, but in an email to the city presented to council, she claimeda share in the founding corporate ownership.

She also accused Wang of creating "a situation in which the burden of the property will be dumped on someone else, including the financial and legal burdens to come."

A long, low blue building with a sign that says Port Pub above the entrance.
The Port Pub and Hotel has been boarded up since the discovery of asbestos in the walls. Port Alberni's city council has ordered the structure demolished over the objections of its owner. (Jason Proctor/CBC)

The lawsuit against Fan claims at least $300,000 in penalties from the cityas well as the cost of "repairing the extensive damage to the Port Alberni property and the costs of appealing the Port Alberni orders" to demolish the building.

In a telephone interview with CBC,Fan claimed she "established" the numbered company that came to own the Port Pub and Hotel but said she only found out last January the corporate shell actually owned physical property.

The single mother says she doesn't have the money to respond to the lawsuit.

She says she acceptsthe judgment in the case where she and Wang were co-defendants, but does not agree with the judge's assessment of her actions.

"I was so naive," she said. "The customers, they trust me.... They thought I won't cheat them, and I did not cheat them, but the result is so bad."

Fan says she is supported by relatives and makes what little extra she earnsbuying items at thrift stores that she sells online.

"My life was destroyed," she said.

Wang did not respond to an email from CBC asking for comment. Goldberg said the request had been sent to a different legal firm responsible for handling matters concerned with the puband hotel.

'The economic basis'

In addition to a "practical" and "moral" basis for keeping the Port Hotel and Pub standing, Goldberg also laid out "the economic basis."

The property wasassessed at $1.16 million last year, the bulk of which $936,000 was attributed to thevalue of the building.

View of a hallway with a shot looking up toward a smoke detector outlet with wires hanging out of it.
A photograph considered by Port Alberni council in January highlights a missing smoke detector in one of the Port Pub and Hotel's hallways. The building is slated for demolition. (Port Alberni city council)

Goldberg estimated the cost of remediation at nearly $628,000 on top of the $300,000 in penalties owed the city.

"The value of the property is based almost entirelyin its structure, not the land. If the structure is demolished, 105 (the company) will not have sufficient equity to pay for the demolition and penalties." he wrote in a submission to council.

"In addition, 105 prefers to collect the rents that would flow from the remediation rather than the demolition, which would almost certainly be followed by a sale."

B.C. Housing says the agency didn't provide any funding to the private owners of the Port Hotel and Pub but assisted the building's 39 residents in finding housing on two hours' notice after the discovery of the asbestos.

In background provided toCBC, the Ministry of Social Development and Poverty Reduction said, "The department provides funds for shelter/rent for clients, but it is up to our clients to decide where they live."

Following the lawyer's presentation, Port Albernicity Coun. Debbie Haggard said she appreciated Wang's legal difficulties.

"But I don't feel that's an excuse to let the property deteriorate as badly as it has and to become in such a state that the tenants had to be evicted for safety and health reasons," she said.

"And all this time, your client has been collecting rent from the tenants that have lived in this property."

Goldberg said he couldn't provide "ironclad guarantee assurances" his client wouldn't face challenges in the future associated with providing low-barrier housing.

He cited the legal problems, saying, "While it's true my client was in receipt of some rents that were being provided by the government, other rents, we understand, may have been redirected to someone else."

'They don't care'

As she cast her vote for demolition, Coun. Cindy Soldasaid the city has faced similar situations with other dilapidated buildings.

In fact, the fate of another chronic problem building was considered at the same 2020 meeting where the Port Pub and Hotel's troubles were raised. Former owner Martin Chambers spoke to council via video.

Chambers, who died in 2022, spent nearly 13 years in a U.S. prison for laundering money for a Colombian drug cartel. But he didn't mention that in his presentation.

A large pile of junk spills out of a corner.
A photograph taken inside the Port Hotel and Pub demonstrates combustible storage on the third floor. The image was part of a package considered by city councillors. (Port Alberni City Council)

"People who own buildings are not necessarily livingin Port Alberni, and they don't care," Solda said.

"That really bothers me. I don't think anybody should have to livein conditions like the people that lived in the Port Pub. The city has been knocking on the door, saying, 'You need to fix it,you need to fix it.' We have not heard anything, and so my faith is gone."

Mast thinks demolishing the building is an "important precedent to setbecause it gives the neighbourhood the tools to take these buildings on and demand pretty reasonablestandards for the building owners to follow."

She sayshousing in Port Alberni is expensive, and rentals are hard to find.

She can understand why property draws investors but says owners needto be held accountable to the people who pay the rent. Especially if the money ultimately comes from government.

"Where money is being funnelled from government directly to property owners, I think there should definitely be presence," she says.

"You get what you expect. You can't just assume these places are good places to live or safe places to live. So I think the government's responsibility in that is to ensure that wherever they're spending money, deserves that money."