Saturday, April 17, 2010

BCH v. DERAH Statement of Defence

I pulled a copy of the Statement of Defence filed 15 April 2010 by Cameron Ward, the solictor for DERAHousing. Since I am not a lawyer I can't really comment on whether or not the defences are valid. Most seem to be rather creative and then there is the obvious.

5. BC Housing routinely interacted with DERAHousing with respect to operational and funding matters and has had full knowledge of DERAHousing's financial affairs since at least 1988. (22 years)

6. At all times material BC Housing failed to comply with its statutory obligations to provide adequate subsidy assistance funding to DERAH in a timely way or at all.

7. If there were any irregularities in DERAHousing's financial affairs or any breaches of the Operating Agreements as alleged ... they occurred with the full knowledge and acquiescence of BC Housing and are therefore estopped from seeking any of the remedies sought in the Statement of Claim.

10. If DERAHousing acted negligently then the Plaintiffs were contributorily negligent in failing to provide adequate subsidy assistance funding to DERAHousing and in failing to bring BC Housing's concerns, if any, to the attention of DERAHousing in a timely way.

12. If there were any breach of the Operating Agreements, negligent misrepresentations or negligence ... then they were caused by the negligence of Lynda Seigneuret (the auditor).

13. DERAHousing says that this action has been brought for the improper purpose of punishing DERAHousing for the outspoken advocacy activities of DERAHousing and Kim Kerr and as such is frivolous, vexatious and abuse of the process of this Honourable Court.


I wonder what my position is in all of this is since neither BCHousing nor DERAHousing would access information to me this past year although I am a duly elected Director of DERAHousing and maybe on the hook for $500,000 for unpaid rent and property taxes (see Statement of Claim). As a director(and I assume the other directors as well) was/were not consulted by Cameron Ward as to these defences. So how can Cameron Ward even file the statement of defence on our behalf. All these defences are new to me. I would like to know what were the outspoken advocacy issues that DERAH did to enrage BCHousing to punish DERAH.

I asked both BCHousing and DERAHousing for a consent court order so I could be added as a defendant to the action a week ago so I could have intimate knowledge of what is happening but both of them have refused. The next step is that I have to find/borrow $100.00 so that I can make an application to the courts to effect this. I hate being poor.

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