Tuesday, May 4, 2010

Affidavit to Support my Motion to be named a Defendant

Both the lawyers for BC Housing and DERA refused to grant me a consent order so that I could be added as a Defendant. I do not know why. I guess thwarting justice is what they do. Then the question is if each of the defendants past and present are liable for the misdeeds of DERA why weren't they all cited as Defendants.

There is another hearing on Wednesday at 9:45 a.m.. Boughton and Company, the lawyers for BC Housing wants to strike paragaph 13 of Cameron Ward's Statement of Defence as it might prove embarrassing to BC Housing. The public is invited to attend.


File No. S-102159
Vancouver Registry

IN THE SUPREME COURT OF BRITSH COLUMBIA

BETWEEN;

BRITISH COLUMBIA HOUSING MANAGEMENT COMMISSION AND PROVINCIAL RENTAL HOUSING CORPORATION,
PLAINTIFFS
A N D;

DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION
HOUSING SOCIETY, DOWNTOWN EASTSIDE RESIDENTS
ASSOCIATION AND KIM KERR,
DEFENDANTS

A F F I D A V I T

I, Audrey Jane Laferriere, of Vancouver, British Columbia, make oath and say :


1. That I am a director for the Defendant, Downtown Eastside Residents Association Housing Society, and a director for the Defendant, Downtown Eastside Residents Association (hereinafter referred to collectively as the “Defendant Societies”) in this action and as such have personal knowledge of the matters and facts hereinafter deposed to, save where stated to be on information and belief and where so stated I verily believe the same to be true.

2. That I was elected a director of the Defendant Societies on 17 April 2009.

3. That at the second Board of Directors meeting I was asked by the President of the Defendant Societies, Sister Elizabeth Kelliher, to resign. I refused.

4. That during my directorship I was never advised of the seriousness of the claims of the Plaintiffs although on numerous occasions I asked for information and advised the Plaintiffs that the Defendant Societies did not inform me of dealings or information concerning the Plaintiffs.

5. That on 10 February 2010 I was illegally impeached from the board of the Defendant, Downtown Eastside Residents Association, but not from the board of the Defendant, Downtown Eastside Residents Association Housing Society. The resolution pertaining to my impeachment from the Defendant, Downtown Eastside Residents Association, was never filed with the Registrar of Societies.

6. That after 10 February 2010 I was no longer advised when board meetings were to be held although I advised the Boards of the Defendant Societies and Kim Kerr that failing to do so was illegal.

7. That on 25 March 2010 the Plaintiffs commenced this action against the Defendants.

8. That I told the Plaintiffs and the Defendants that in my capacity as a director of the Defendant Societies I wanted to be included in the action as I was singularly and jointly liable for the mismanagement and financial misdeeds as alleged by the Plaintiffs.

9. That on April 1, 2010, not knowing if the Defendant Societies were going to file an Appearance, I entered one on behalf of the Defendant Societies with a notation that I wanted to be added as a Defendant by a consent order. I then personally served the parties with the Appearance.

10. That not knowing if the Defendant Societies were going to file a Statement of Defence I filed a Statement of Defence on April 16, 2010, on behalf of the Defendant Societies, and served it on the parties.

11. That on Tuesday April 27th 2010 I again requested that the parties sign a consent order to have me added as a Defendant.

12. That I have a valid legal interest in these proceedings, my participation in these proceedings is necessary to ensure that all matters in the proceeding may be effectually adjudicated upon, and is in the best interests of justice, and I want to be added as a Defendant.


SWORN BEFORE ME at the
City of Vancouver, Province of
British Columbia, this 3rd
day of May 2010.

Audrey Jane Laferriere,
Applicant.

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