Response filed in lawsuit against sex offender living in Bradner

Defendants say they are operating residence in accordance with zoning bylaws for the area

This residence on Joanita Place is the subject of civil court action to have sex offender James Conway and another offender moved from the property.

The defendants in a civil suit launched by the city to have sex offender James Conway moved from his current residence say the home is being operated within the permitted zoning designation for the area.

The company WJS (W.J. Stelmaschuk and Associates) and caregiver Ed Holroyd are asking for the lawsuit to be dismissed. Their response was filed Nov. 25 in B.C. Supreme Court.

The City of Abbotsford filed a civil claim against the defendants, including property owners Brian Vos and Fiona Mitchell, early last month, saying that the home on Joanita Place located in the Bradner area is being operated in contravention of the “Agricultural One” zoning for the neighbourhood.

Living there are Conway with a history of sexual offences against children and another offender, along with their supervisor, Holroyd, an independent contractor working through WJS.

WJS is a service provider of Community Living BC (CLBC), which funds support services for adults with developmental disabilities and their families.

The court documents state that WJS leased the property from Vos, sublet the property to Holroyd, and signed a contract with CLBC.

Neighbours in the area have held rallies to protest Conway’s presence, started a Facebook page with their concerns, and pleaded with city officials to move him.

Mayor Henry Braun said in September that because the residence was operating as a “commercial use,” it was in contravention of zoning bylaws, which permit only agricultural and residential uses.

The city then notified the defendants of the city’s position and asked that the tenants be moved, but they are continuing to reside in the home while the legal matter is settled.

The defendants say their use of the home fits into the permitted “single dwelling unit” use under the zoning bylaw, which is defined as “one or more habitable rooms designed, occupied or intended for occupancy as an independent and spate residence in which cooking, sleeping and sanitary facilities are provided …”

Conway, 40, who has developmentally disabilities, moved into the home at the beginning of August.

 

 

Just Posted

WHAT’S IN STORE: Langley City getting its sparkle on tonight

From 5 to 9 p.m. Thursday, Dec. 12 a number of downtown merchants are holding a shopping party

Hallmark-famous Santa makes one last stop in Aldergrove

Keith Alton’s 50th year as St. Nick continues on Friday (Dec. 13) at Aldergrove pierogi shop

$16,500 raised in Aldergrove, 66 kids go to camp free in memory of Brooklyn

Family and camp friends remember late young Loft Country rider during Saturday night fundraiser

WEATHER: Rain to end late Thursday in Langley

Temperatures will remain steady near 8 C

Langley City poll shows residents are (mostly) content

Quality of life rated high, many proposed improvements find support, but pay parking is not favoured

VIDEO: Langley’s newest high school officially opens

A brief ceremony Thursday morning allowed all the players involved in new school to celebrate

VIDEO: Octopus, bald eagle battle after bird ‘bites off more than it can chew’ in B.C. waters

B.C. crew films fight between the two feisty animals in Quatsino off north Vancouver Island

Couple who bought $120k banana duct-taped to wall say artwork will be ‘iconic’

Pair compared it to Warhol’s ‘Campbell’s Soup Cans,’ which was initially ‘met with mockery’

Race to replace Andrew Scheer could be a crowded one

Many familiar faces, such as Maxime Bernier, Jason Kenney, Doug Ford and Kevin O’Leary, have said no

National cold case hunters take on search for missing man last seen in B.C.

Kristofer Couture’s car was found at Chilliwack trailhead in January but there’s been no sign since

Metro Vancouver mayors green light regional business license for ride-hailing

Surrey mayor only member to vote against inter-municipality business license

Owner surrenders dogs chained up outside among scrap metal, garbage to BC SPCA

Shepherd-breed dogs were living in ‘deplorable conditions.’

B.C. plane crash victim identified; witnesses describe ‘explosion’

He was a flight instructor, charter pilot and owned an airstrip before leaving Alberta

Most Read