Three siblings have just over a month to leave a house they grew up in after a Kelowna judge failed to see a dispute with their uncle their way.
Siblings Andrew Bloomfield, Dominic Hofmann and Jordell Hofmann claim to have inherited a one-third interest in a property on Stewart Road East from their mother, Sally Habib.
The siblings applied for an injunction that would prevent Sally's brother, David Habib, and Becky Komant, who are ex-spouses, from evicting them until the completion of their main trial in the dispute.
Sally passed away after battling cancer in August 2015. Her children say that she held a one-third interest in the property when she passed, but David and Becky disagree.
They say that in 2004, Sally was in financial trouble and entered into an oral agreement with her brother, David, that she would relinquish her share of the property in exchange for free rent at the house for the rest of her life.
In December 2014, when Sally was battling cancer, David had her sign a form, transferring her share of the house to Becky. He says this just formalized the verbal agreement they had made 10 years prior.
The three siblings say David tricked Sally into signing the transfer, as she was too sick with cancer to understand what she was signing.
Dominic also alleges that David's brother, Dale Habib, is a gang member and threatened him when he refused to leave the home in November 2016.
Dale was charged in 2006 for the 2003 murder of Douglas Kuntz, but his charges were dropped later that year.
“Dominic says that he is intimidated and does not feel safe living at the (residence),” Justice Gary Weatherill said in his decision. “He suggests an injunction against David and Becky would provide him with some peace of mind.”
An injunction that blocked Becky and David from evicting any of the siblings from the home was actually granted on Dec. 12, but that expired on Jan. 9.
Justice Weatherill did not grant another injunction, and has ordered the siblings to leave the residence by March 1.
The allegations have yet to be tested in court, as the main trial has yet to occur.