The "purple cabin" in Whitehorse has been at the centre of a legal dispute over a 1991 lease. Photo Courtesy of 'Save the Purple Cabin/Facebook.
Whitehorse, YT – The Yukon Court of Appeal has ruled that the owner of the “purple cabin” will not have to leave the property, overturning a lower court decision.
At the centre of the case is a lease the Yukon Government granted property owner Len Tarka in 1991. The lease stated it would run for 30 years or for the life of the lessee. The new ruling overturns a lower court decision that concluded that the lease expired in 2021 and did not need to be renewed by the Yukon Government.
In its ruling, the Court of Appeal said the lower court focused too narrowly on the wording of the agreement and failed to consider the full context and purpose of the lease.
The appeal court found the lease can reasonably be interpreted as allowing Tarka to remain on the property for the rest of his life, provided he continues to meet the lease conditions.
