Mayor seeking re-election in Dawson City, Yukon, sued by town over property dispute

The mayor of Dawson City, Yukon, who is seeking re-election, is being sued by the town over a property dispute that dates back more than a decade.

Bill Kendrick is one of three people whose names will be on the ballot in Thursday's municipal election.

The town's statement of claim, filed in Yukon Supreme Court on Oct. 9, alleges part of Kendrick's house, and a new septic tank he installed in 2021, are on municipal property and that Kendrick has repeatedly failed over the years to resolve the issue.  

Speaking to CBC News on Tuesday, Kendrick said he finds the timing of the lawsuit "curious because it's coming in the middle of an election campaign."

He said Dawson actually has "hundreds of encroachments" and that the town has an existing policy to deal with them.

According to the lawsuit, Kendrick purchased his property at the north end of Dawson City in 2009. It says that at that time, Kendrick knew part of his house's deck and workshop were encroaching on town property.

It says Kendrick sent a letter to the municipality in 2010 saying he knew the issue had to be addressed, but that he didn't take any immediate steps to deal with it.

The statement of claim also describes negotiations between the town and Kendrick over the following years to resolve the issue that ultimately went nowhere.

It says between 2012 and 2014, the city attempted to negotiate with Kendrick for him to sign a licence of occupation for the town-owned land where the encroachments were located. A licence of occupation would allow Kendrick to construct or use approved existing structures on land that belongs to the municipality, subject to certain terms and conditions. Kendrick did not agree to the town's terms.

The town claims that in 2018, Kendrick offered to buy the land from the municipality but was denied because the town was actively involved in land-use planning, and did not know whether those lands would be needed for future town services and other municipal uses.

Septic tank entirely on town land, claim states

By 2021 — the year Kendrick was first elected mayor — the encroachment issues still hadn't been resolved. That's when Kendrick's septic tank failed. 

According to the town, the septic tank was entirely within municipal lands. It says Kendrick went to Yukon Environmental Health for approval to replace the tank, but it could not grant approval without verifying ownership of the land, or seeing a valid licence of occupation.

Kendrick went ahead and replaced the septic tank anyway, "unlawfully, and without approval of the City or [Yukon Environmental Health]," the claim states.

It says the town's council then directed administration to enter into a one-year licence of occupation with Kendrick to address the time-sensitive and temporary replacement of the septic tank, on the condition that Kendrick remove the new septic tank and fully remediate all contamination of the town land, on expiry of the permit.

Kendrick declined to sign it.

By August 2024, the issue was still not resolved and the town, through its legal counsel, provided Kendrick with one final opportunity to agree to its offer. Kendrick again declined, according to the statement of claim.

The town is asking the court to declare the encroachments "a nuisance" and a trespass on city lands, and to order Kendrick to immediately remove them, including the septic tank. 

The town's allegations have not been tested in court and Kendrick has not yet filed a statement of defence.

Nobody from the town would comment on the lawsuit.