Forecast? Cloudy with a chance of lawsuits

Former TV weatherman, city at odds over basement suite
Tye Carson

For eight years, Darr Maqbool was a local TV meteorologist. His signature, immaculately coifed beard and affable personality won over many Calgarians. In 2002, Fast Forward Weekly readers voted him Calgary’s Sexiest Man.

Now, six years after leaving his TV gig, Maqbool may be, unwittingly, rebranding himself as a property rights crusader after city bureaucrats recently ordered him to tear out his basement kitchen. Just don’t call him a martyr.

“I’ve got a life to lead,” he says. “I don’t need exposure in this city. I’ve already got that. That is not the point.”

The point, or rather the events that led up to this point, goes back about three years, when Maqbool renovated his Edgemont home basement. Since leaving Environment Canada in 1995, Maqbool has run a meteorological consulting business out of his home.

His job often sees him starting work at 3 a.m. — long before his family wakes up. Rather than clang around at odd hours disturbing his family, Maqbool turned his skeleton basement into a cozy, $60,000 office space — which includes a full $30,000 kitchen.

“I just didn’t want to disturb the people around me, so I moved (my office) into the basement,” he says. “I even sound insulated the whole thing.”

He has the proper business, electrical and plumbing permits. He even got a building permit. But there’s a problem. Late last year, a neighbour lodged a complaint with the city, saying Maqbool’s home has more than one dwelling — a no-no in a neighbourhood designated RC-1, or contextual single dwelling.

As the city sees it, and as the law is written, Maqbool’s basement kitchen is illegal. In April, city inspectors visited Maqbool’s home, taking pictures of the entire house (much to Maqbool’s displeasure), followed by a notice to tear out most of his basement kitchen.

A subsequent letter from the city’s development inspection department demands the “lower cabinets, countertop, sink and faucets, stove and service to it, and any/all other cooking facilities including a microwave oven” be removed by May 24.

“In this case from our information it was clear that a building permit was applied for a basement addition,” says Marc Halat, manager of compliance services for the city. “Based on our observations that our inspectors made, what I saw from the photos was an illegal dwelling unit.”

Maqbool is willing to remove the oven and microwave — but that’s it. Then his anti-authority streak, developed as a kid growing up under racist colonial rule in Kenya, kicks in. He stops short, barely, of telling city hall “peons” to suck a lemon.

On May 24, city inspectors again went through Maqbool’s home, taking more photos and avoiding the media. Inspectors refused to start their work until Fast Forward Weekly’s photographer stepped outside Maqbool’s house, telling the photographer that he hadn’t “gone through the proper channels,” even though Maqbool invited him into the home.

Afterwards, city inspectors told Maqbool the matter would likely be handed over to city lawyers. If the city pursues legal action, Maqbool faces a maximum fine of $10,000 and could still be ordered to remove the kitchen.

“This does not have to happen,” says Halat. “This can be avoided very easily and I think that would be the desire of all of us.”

Despite the warnings and legal threats, Maqbool isn’t budging. “This stuff ain’t coming out under my watch,” he says. “They can take me to court. It’s against my principles. Let’s cut to the chase. Throw me in jail. I’m not going to pay any fine.”


Comments: 16

early-bird wrote:

I wish Calgary is the only city in this country applying this fascist policy. It's fascist! it's worst than communist! Home owners paying their mortgage and any individual that get job working for the city of Calgary can enter their home, yelling, shouting at homeowners and in some case, hand-curb them as wrongful arrest without worrying to be in trouble. I was one victim by this kind of treatment. When they came to my house witnessed my tenant gave our death-threat to me. I called police. One of them claimed he is police, I asked, why you are police and you take side of person gave death threat to me? That was took as disrespect to him and he hand-curbed me. Why this so called 3rd greatest country in the world let that happens is unreal!!!! But Calgarians going through it.

on May 26th, 2011 at 2:09am Report Abuse

early-bird wrote:

"...Throw me in jail. I’m not going to pay any fine" That's his case. My case, I wish they throw me in jail because it will save me cold, hungry days on the street.

on May 26th, 2011 at 5:28am Report Abuse

early-bird wrote:

With the ordeal I have been gone through and a near future losing my house, become homeless. I have all the right to advise the survival home owners who are SHARING their house with others to stand up protest Alberta and City of Calgary's invasion and violate privacy of our home. A home can be consists of husband, wife, children, grand parent or a group of people who can live together under one roof or a combination of both. This kind of invasion is unconstitutional and destructive to citizen's well-being. If Alberta Health department and City can destroy mine. One day, the same kind of miserable can also knock at your doors.
What I could think of is joining or uniting to contribute and build up financial strength. From there, we can have enough money to hire lawyer for helping us fighting for our right we were granted by our constitution.
For the time being. They really want to destroy me. So, no law will protect me. But if anything happen to you, you should know even your house is in R1, which is single family community. The city bylaw still allow you to share your home with up to 4 others person.
Anyway, I will watch out for response from people in same situation to response. if enough, we will work on it.

on May 31st, 2011 at 2:52am Report Abuse

early-bird wrote:

Suggestion for an ideal of our protector.
This is a group of lawyers that once one of our member getting in unconstitutional attack from SHIP /Safe Housing Inspection Program (a conjuncture of City Fire Department and Alberta Health Department). As we pay for our membership, the lawyers could look into the situation and working on our behalf. I will post my new set up email here soon if FFWD allows me to.

on May 31st, 2011 at 3:40am Report Abuse

early-bird wrote:

When you think about Health Service, you think about caring, protecting our well being. But the fact is wherever they touch their hands to, they create disaster, bankruptcy to businesses such as restaurant, industries etc... As they could decide to take down businesses if just only they are suspect there MIGHT BE some thing wrong. Their lawyer? The one I was once dove all the way to Edmonton to experience with? Very less. But he always makes good money every time and all the time. As our homes are the last place on earth we can hide from bullying as they used to be. However, due to the present extremely high cost. We have no choice but most of us have to bring other people in and share the house with them. If lucky enough? you are not only get good roommates to share expense with you but also good friends, good companions, and they are there to be with you in your hard time. But if you are not, you get bad roommates who will try to ruin your everything as their misunderstood the situation, they think they are the one who buy the house for you. They don't understand the little money you get from them is not enough for them to be warm and safe in a home without your help bringing them into your home. From there, you got their report and then, Alberta Health Inspector come and bullying you in your own homes. They don't realize when you are doing a project, you need time, material. They are unable to do simple calculation to realize you virtually don't get enough to cary on paying all the bills. One thing they do know, they know you don't have money to pay for legal fee to claim for your right. They know once they sue you, their lawyer will make good money and by the end, never mind about financial they might get, but their power increase to be a much more powerful bulliers. And, it proves their power. So, if we can find the best lawyers for us, they would not only have the professional knowledge to protect us but they can figure out how to claim for the lost we suffer from SHIP's attack. In my case, at least I can claim for the lost of wage since SHIP came to haunt my life. One problem, I don't have enough money to pay for their service. Remember, legal aid is just to pay for criminals only. On civil matter, If we need protection, we have to pay on our own. The funny thing I can recall is, my next door neighbour is a drug dealer. Once I claim that fact to police, they said "we can not enter people house if there is no court order. Alberta Health Service would not want to spend money to get a court order for chasing drug dealers but they're ready to do that on us if we, home-owners don't let them to go in, raiding our houses. It's simple, because they know drug dealers have their protectors. So innocent home-owners, if we don't want to lose our houses. We should form some kind of union and as estimate by the city. There are about 80K who are in situation that need to share their houses to catch-up with living expense. If you already pay $100, $200, $300/month for property tax in order to stay in your homes legally, why not paying our protectors around $20/month to make sure invaders would not come and mess up our lives causing possible losing of our houses? I keep working on this as I could until we can keep SHIP away from our homes. They kill business of our city, which killing our jobs. That should be more than enough miserable they create for us already. But if they come and destroy our life in our own homes? We don't deserve that because we are Canadian citizens. Think about that and help me, join me to make this a reality. Establish a system so called "Legal right for citizens" for example.

on Jun 1st, 2011 at 4:08am Report Abuse

Ron wrote:

For "early-bird": Among other things, discover the paragraph.

on Jun 1st, 2011 at 2:59pm Report Abuse

early-bird wrote:

Okay! If you know me, I admitted my English is weak and I try my best. I am working for my own sake and a better Canada. Thanks for your feedback and I promise there won't be any different the next times.

on Jun 1st, 2011 at 3:05pm Report Abuse

Reformed Bureaucrat wrote:

Do I understand this correctly? Mr. Maqbool is being hounded by bylaw enforcement because he may potentially break a law? Surely the standard for prosection is proof that he actually rented to someone? My 80-year-old Italian neighbour has a full kitchen in her basement to make batches of spaghetti sauce every year. I am going to lodge a complaint with Bylaw Enforcement about her full kitchen and I expect them to issue her the same order. I suggest that every Calgarian in an R1 neighbourhood, that knows of a non-conforming basement, should send in a complaint and challenge City Hall to issue the same enforcement notice.

on Jun 1st, 2011 at 4:52pm Report Abuse

early-bird wrote:

Certainly double standards everywhere. But the weak one would be pull out for execution to prove some service. Now, bylaw and constitution versus each other. Constitution grants citizens freedom. _At least freedom to live comfortably without causing harm to others in one's own home versus bylaw applying fascist control on citizens living unsinfully in their own homes. I definitely choose to support country's constitution.

on Jun 1st, 2011 at 6:17pm Report Abuse

early-bird wrote:

So, if any of you agree with me and know a great lawyer, please nominate him/her. Together, we reclaim the right that grants to us by our Canadian citizenship from this baby step. Thanks in advance. FFWD thank you so much for helping us, the home-owners who face financial hardship to fight unconstitutional oppression by the SHIP. For now please let me post my email address for others to contact me. If this going great, the credit is yours, the appreciation is going to you, FFWD.
Here is the email address you can contact me.
mysweethome@hotmail.ca

on Jun 2nd, 2011 at 9:24am Report Abuse

early-bird wrote:

I am waiting patiently, and no one email me!!!! What's the matter with you? Wait until I really die on the street and pray for my ghost to come back and protect your homes or what? That's the problem. Everyone wait for someone else to fight for their rights and freedom and expect to enjoy it for free!!! Wait, ...wait... until your freedom is stripped off from you without any chance to reclaim it. _The most precious gift that was giving to you by the sacrificed of million freedom fighters.
One reminder for all. "Nothing is for free even your Freedom."

on Jun 6th, 2011 at 2:14am Report Abuse

early-bird wrote:

Keep your eyes on this article everyone. I keep some fey issues that should not be published yet. Once the time is coming, I will ask my lawyer to do it. _Not my intention to defeat the system but correcting it.

on Jun 7th, 2011 at 3:05pm Report Abuse

early-bird wrote:

Mr. Darr Maqbool, please contact me ASAP. Thanks. Thanks FFWD.

on Jun 7th, 2011 at 10:06pm Report Abuse

early-bird wrote:

Never mind if I got support from the rest or not but still FFWD is one of the sites giving me chance to publish my notes.
One more note here, the reasons there are 2 ties that defines areas for Canada Health Services to serve (or to prove their power):
1) Public areas: Where anyone that belongs to this society can walk right in and ask for service and expect to be served. That's where CHS can walk right in and serve, "serve".
2) Private areas which is mainly consists of " homes" that is LOCKED to the public except very limited number of people that are allowed to get through by the property owners.
There are reason for limited access to Health Service unless, yes to be granted by a court order or by the request of the owners: Because the Canada constitution aware of citizens' right to be respected and right to their privacy, and their rights to be safe from unnecessary bullying and unrightfully attack by abusive government officers. _That is to highlight to the world: Our superior high standards and honourable society.
Letting citizens to be abused unnecessarily is not the intention our Canada constitution expects to happen to its citizens, not even that would be supported to happen aboard by our constitution if it could decide. I strongly believe.
My case, I was handcuffed because I claimed for correctional service should not be contradict to any act that stated in Canadian constitution. Why CHS get through and get the court order to raid my place is another story I will public at the right time.

on Jun 8th, 2011 at 1:16pm Report Abuse

tshowell wrote:

@early-bird

OK, enough is enough. I'm fine with readers adding insightful commentary and debating on the stories we publish.

However, I (and I'll hazard a guess our readers as well) can't make heads or tails as to what you are rambling on and on about. And our website certainly isn't the place for you to "publish your notes." That's what diaries and blogs are for.

So feel free to comment on our stories, but please, stay on topic. You may have a right to free speech, but it doesn't mean you have a right to use our website as your soapbox.

Thanks,

Trevor Scott Howell
Web editor

on Jun 8th, 2011 at 3:31pm Report Abuse

early-bird wrote:

Let's be brave to leave your message on for a reasoable time TSH

on Jun 8th, 2011 at 6:48pm Report Abuse


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