A British Columbia appeal court has stopped a demolition order for a large West Vancouver home, saying the judge who allowed the order should not have handled the case due to a past conflict of interest.
Homeowner Rosa Dona Este appealed the earlier court decision, arguing the judge had once worked for a law firm that was directly involved in her case. That same firm had represented the District of West Vancouver during legal matters related to her home.
The appeal court agreed with Este. It said the judge’s former ties to the law firm created a serious risk of bias, even though she claimed not to remember working on the file.
Before the main hearing, Este asked the judge to step away from the case. Her concern was that the judge had been part of the law firm when it consulted on legal issues about her property. However, the judge refused. She noted that nearly seven years had passed since she left the firm and said she could not recall being involved in the case.
Later, a lawyer for the District of West Vancouver gave more evidence. He filed an affidavit stating that the judge, Francesca Marzari, had indeed emailed city employees with advice about possibly tearing down Este’s home. This message was sent during her time at the firm before she became a judge.
Appeal court Justice Bruce Butler wrote that this was vital new information. He ruled that Este’s concerns were valid, and that the judge’s past actions raised a real chance of bias.
“This information about the judge’s prior involvement is clearly relevant,” Justice Butler stated in his ruling. “I conclude Dr. Este’s applications must be granted.”
He also noted that rejecting the appeal could have caused “irreparable harm” to Este. He said the balance of fairness and trust in the court system strongly supported stopping the demolition.
The property is a 6,000-square-foot waterfront house on Bellevue Avenue. Este and her mother, Mina Esteghamat-Ardakan, bought it in 2003. Este lived there until 2015, when a fire badly damaged the home.
Since then, the house has remained empty and run-down. In 2020, after several complaints from neighbors, the city ordered it to be demolished.
The case became more complex when city officials found that Este had started to rebuild parts of the house. She had not received permits or approval from her co-owner. That added more legal problems to the dispute.
Este’s ex-husband, Mehran Taherkhani, also joined the legal fight. He said he had a claim to the property because of divorce proceedings set for trial in 2026.
At the same time, Este and her mother were locked in another court battle over ownership of the house. The ongoing legal fights have made the property a long-standing point of conflict.
Now, with the appeal court’s decision, the demolition is on hold. The case may be reassigned to a new judge.
The ruling underscores the importance of fairness in the legal system. Judges must avoid any situation where their past work could affect their current decisions. Even the appearance of bias can be enough to reverse a court ruling.
Este’s win means that for now, her home will not be demolished. However, many legal issues surrounding the property remain unresolved.
