21 Homes With a Notice on Title, and Nowhere to Appeal
Section 57 of the Community Charter allows municipalities to place notices on property titles. The same official who investigates also determines compliance "to their satisfaction."
Council minutes record notices on title for twenty properties between February 2020 and June 2025. Three owners have asked council to remove one: Camrose Crescent in 2020, Old West Saanich Road in 2022, and 938 Ambassador Avenue in 2025. All three were refused, the last 9–0. The table below covers the 16 files reviewed in detail as of August 2026.
| # | Property | Council Date | Report By | Approved By | Key Issue |
|---|---|---|---|---|---|
| 1 | 3901 Ansell Rd | Feb 3, 2020 | Barbour | Reems | Deck permit expired 2014 |
| 2 | 1299 Camrose Cres | Feb 3, 2020 | Barbour | Reems | Deck encroachment |
| 3 | 5435 Kiowa Rd | Feb 3, 2020 | Barbour | Reems | Horse operation |
| 4 | 588 Whiteside St | Feb 3, 2020 | Barbour | Reems | 9-year enforcement (2011) |
| 5 | 389 Obed Ave | Oct 18, 2021 | Thomassen | Reems | Accessory building |
| 6 | 1396 Mt Douglas Cross Rd | Oct 18, 2021 | Thomassen | not located | Ag building to duplex |
| 7 | 3979 Locarno Lane | Oct 18, 2021 | Thomassen | Reems | Unpermitted renovation |
| 8 | 4037 Lakehill Place | Oct 18, 2021 | Thomassen | Reems | Multiple illegal suites |
| 9 | 4029 Glanford Ave | Jan 10, 2022 | Thomassen | Hargraves | Renovations, asbestos |
| 10 | 960 Lakeview Ave | Jan 10, 2022 | Thomassen | Acting Director, name not printed | Expired permit (2010) |
| 11 | 1090 Lodge Ave | Jan 10, 2022 | Thomassen | not located | Closed 2015, reopened on sale |
| 12 | 1206 Judge Place | May 30, 2022 | Thomassen | Hargraves | 28-year saga (1994-2022) |
| 13 | 5390 Old West Saanich Rd | May 30, 2022 | Thomassen | Hargraves | Addition without permits |
| 14 | 938 Ambassador Ave | Nov 20, 2023 | Thomassen | Bains | Search warrant, bylaw charges |
| 15 | 3838 Epsom Drive | Nov 20, 2023 | Thomassen | Director, Legislative & Protective Services | — |
| 16 | 4573 Prospect Lake Rd | Nov 20, 2023 | Thomassen | Bains | — |
How the last two columns were filled. Each name is read from the signature block of the District's own report to Council for that property, in the council agenda package for the date shown. "Report By" is the officer in the Prepared by block; "Approved By" is the officer in the Approved by block. The reports for 1396 Mt Douglas Cross Road and 1090 Lodge Avenue were not located in the agenda packages searched, so their approver is not stated here. The report for 960 Lakeview Avenue carries the office of Acting Director but no printed name. Every report also carries a separate endorsement line signed by the Chief Administrative Officer or Administrator of the day. In all fourteen reports located, Brent Reems signed either as the approving Director or as the endorsing Chief Administrative Officer.
What the Court Said
The building official's deposed statement was "conclusory and without an evidentiary foundation", because he gave no dimensions or measurements and did not set out the Building Code requirements he relied on. Justice Loo, The Corporation of the District of Saanich v. Kinney, 2025 BCSC 1132, at para. 62. The same official authored the staff reports for 14 of the 16 properties in the table above. Whether the same deficiency affects those files has not been decided by any court.