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.
Saturday, April 17, 2010
Sunday, April 11, 2010
A day in Victoria
I will be going to University of Victoria on Monday 12 April 2010.
Remember Julie's memorial service on April 19 2010 at the Carnegie Centre.
This week has been rather uneventful. I am sure it is the calm before another storm.
35,106 35,302 35,435 35,576
Remember Julie's memorial service on April 19 2010 at the Carnegie Centre.
This week has been rather uneventful. I am sure it is the calm before another storm.
35,106 35,302 35,435 35,576
Saturday, April 3, 2010
Shelters for Chickens and Jamie Lee Hamilton
The citizens of Vancouver are invited to attend and voice whatever they want on the City's Report on its Shelters for Chickens Guidelines on Thursday 2:00 p.m. April 8 2010 at City Hall on the third floor. To ensure placement on the speaker's list email: titania.lam@vancouver.ca 604-873-7191 or arrive early and ask to be put on it. The City has strange priorities. See Vancouver Sun front page April 02 2010.
Jamie Lee Hamilton is having a meeting on Monday April 5, 2010, to phoenix (raise from the ashes)DERA/DERAH. All friends or wanting to be friends of DERA are invited to attend. I waa advised April 10 2010 that no one showed up at the meeting.
Jamie Lee Hamilton is having a meeting on Monday April 5, 2010, to phoenix (raise from the ashes)DERA/DERAH. All friends or wanting to be friends of DERA are invited to attend. I waa advised April 10 2010 that no one showed up at the meeting.
Tuesday, March 30, 2010
CKNW, City Caucus, Francis Bula and Jim Green
The following is the content of an email I sent to CKNW in answer to Jim Green's interview with it this morning:
Where was Jim Green when I was impeached by spouses of the directors from the Board of DERA on 12 Feburary 2010. I pleaded with him by email to attend to vote against my impeachment. Jim Green is a resident of the DTES and therefore a member of DERA. But then where were all the other activists from Wendy Pedersen to Dave Ebby who I also asked by emails to attend.
There was no reason for what BC Housing did. DERA's membership is open to a population of 25,000 people: those who live in the DTES and surrounding neighbourhoods. The purpose of DERA is to represent those who live in the DTES. If there were rumours of mismanagement etc. then the good people of the DTES should have taken an interest in DERA i.e. get together and make sure the Board was competent and living up to its constitution of being of service to the residents of the DTES. What a terrible terrible lose. What terrible terrible good people we have as leaders in the DTES.
P.S. I forgot to mention that since I am a director I am personally liable for at least $500,000 that BC Housing claims that has been misallocated. Years later after the current media blitz, BC Housing will come after me for payment. And I am suppose to be happy over the demis of DERAH. My intent has never been to destroy DERA. It has always been to educate the fuck-ups on the Board so that this would not happen. I sent them so many emails as I researched "societies" that in January 2010 the Board passed a resolution that I was not to send any of the directors further emails.
Posted by Audrey Jane Laferriere at 10:19 AM
Labels: City Caucus, CKNW, Francis Bula, Jim Green
Where was Jim Green when I was impeached by spouses of the directors from the Board of DERA on 12 Feburary 2010. I pleaded with him by email to attend to vote against my impeachment. Jim Green is a resident of the DTES and therefore a member of DERA. But then where were all the other activists from Wendy Pedersen to Dave Ebby who I also asked by emails to attend.
There was no reason for what BC Housing did. DERA's membership is open to a population of 25,000 people: those who live in the DTES and surrounding neighbourhoods. The purpose of DERA is to represent those who live in the DTES. If there were rumours of mismanagement etc. then the good people of the DTES should have taken an interest in DERA i.e. get together and make sure the Board was competent and living up to its constitution of being of service to the residents of the DTES. What a terrible terrible lose. What terrible terrible good people we have as leaders in the DTES.
P.S. I forgot to mention that since I am a director I am personally liable for at least $500,000 that BC Housing claims that has been misallocated. Years later after the current media blitz, BC Housing will come after me for payment. And I am suppose to be happy over the demis of DERAH. My intent has never been to destroy DERA. It has always been to educate the fuck-ups on the Board so that this would not happen. I sent them so many emails as I researched "societies" that in January 2010 the Board passed a resolution that I was not to send any of the directors further emails.
Posted by Audrey Jane Laferriere at 10:19 AM
Labels: City Caucus, CKNW, Francis Bula, Jim Green
Monday, March 22, 2010
23 March 2010
I received an email from Jim Reid who reported that he was evicted from Pendera. Apparently, he and Chris Slater, a director of DERA, had words. Chris went after Jim with his umbrella and cane and Jim popped him. Jim said that Slater was as drunk as a shunk with a can of beer flowing out of his jacket pocket. Chris ran off to complain to Kim resulting in Jim's eviction notice. Chris, Jim and Kim are friends or were friends. This is how everyone looks after each other in the DTES. It always amases me when tenants or employees are held accountable for minor actions and yet directors and managers can do what can be described as criminal and get away with it. I do not know what Jim is going to be doing as he is elderly and disabled and transfers are not possible within BC Housing if a tenant is evicted. Jim mentioned that he had a witness and that the incident was videotaped. Chris should be impeached from being a director for unprofessional conduct and he should be criminally charged for threatening. As for Kim -- he should have resolved things rather than running to the Rentalsman before he even talked to Jim.
I received an email from Jim Reid who reported that he was evicted from Pendera. Apparently, he and Chris Slater, a director of DERA, had words. Chris went after Jim with his umbrella and cane and Jim popped him. Jim said that Slater was as drunk as a shunk with a can of beer flowing out of his jacket pocket. Chris ran off to complain to Kim resulting in Jim's eviction notice. Chris, Jim and Kim are friends or were friends. This is how everyone looks after each other in the DTES. It always amases me when tenants or employees are held accountable for minor actions and yet directors and managers can do what can be described as criminal and get away with it. I do not know what Jim is going to be doing as he is elderly and disabled and transfers are not possible within BC Housing if a tenant is evicted. Jim mentioned that he had a witness and that the incident was videotaped. Chris should be impeached from being a director for unprofessional conduct and he should be criminally charged for threatening. As for Kim -- he should have resolved things rather than running to the Rentalsman before he even talked to Jim.
Wednesday, March 17, 2010
I was told that Sabrina, the residential housing manager of DERAH, the one that is paid more money than Kim, is working from her home. I do not understand this as her job requires her to be on site. The buildings look as if they are not cared for and the boss is at home. Amasing.
Also I am annoyed at Kim because I have asked him about a tenant of Tellier, Miguel, and he won't check on him to determine whether or not he is safe. Miguel left his backpack at my place a month ago and I haven't been able to return it to him. Miguel suffers from depression and someone from DERA should be checking on him.
I also asked Kim about Julie as I heard she was extremely ill and I thought to go and see her. Julie lives in the Pendera Building. Again Kim just ignored me. There is suppose to be community in the buildings but I guess community is just rehtoric.
I received a copy of an Appearance telling me that A. Cameron Ward is the lawyer who is going to defend DERA, DERAH and Kim Kerr, so that the information I need as a director will never come to me. I wonder where Kim got the money to hire such a high profile lawyer. The Board must have approved his hiring. Why doesn't the Board just give me the information I am legally entitled to. DERA does not have surplus funds to pay for unnecessary legal costs. DERA is in a deficit financial position which means it is operating on borrowed money. Amasing. If you want a copy of the Affidavit and Petition email me.
Also I am annoyed at Kim because I have asked him about a tenant of Tellier, Miguel, and he won't check on him to determine whether or not he is safe. Miguel left his backpack at my place a month ago and I haven't been able to return it to him. Miguel suffers from depression and someone from DERA should be checking on him.
I also asked Kim about Julie as I heard she was extremely ill and I thought to go and see her. Julie lives in the Pendera Building. Again Kim just ignored me. There is suppose to be community in the buildings but I guess community is just rehtoric.
I received a copy of an Appearance telling me that A. Cameron Ward is the lawyer who is going to defend DERA, DERAH and Kim Kerr, so that the information I need as a director will never come to me. I wonder where Kim got the money to hire such a high profile lawyer. The Board must have approved his hiring. Why doesn't the Board just give me the information I am legally entitled to. DERA does not have surplus funds to pay for unnecessary legal costs. DERA is in a deficit financial position which means it is operating on borrowed money. Amasing. If you want a copy of the Affidavit and Petition email me.
Wednesday, March 10, 2010
March 13 2010
I finally filed the Petition and Affidavit in the Supreme Court for an Order to allow me access to information which should have been given to me as a director. If you want to read the text please email and I will send you an attachment. audreylaferriere@yahoo.ca.
March 10, 2010. This past week I have been researching and drafting out a Petition and Affidavit to be heard in the Supreme Court of British Columbia. It has been an onerous task. What I am asking for is that I be granted powers of discovery of documents and personnel that are but not limited to the powers given to an auditor as defined in the Society Act. Since a director is suppose to be a "policeman" this should be easy for a judge to grant. It will be a bit hard for him to disagree. Many societies do not have auditors so it is logical that this power be given to directors severally apart from a Board. In that way at least with a Board of ten members at least there is a ten percent probability that one person will do an audit for his own personal diligence. An audit is simple. You take one piece of paper and you follow its history within an organization and question each piece until you are satisfied that everything is in order. Or else you come across a broken piece of tile. DERAH recently replaced the lobby flooring in the Tellier Tower building. I noticed a lose piece of flooring tile which surprised me. The tile also reminded me of tile I had in my workplace which was extremely difficult to clean. I also wondered why the tile was not glued to the floor; the glue was not applied properly. The tiles absorbed everything and it was impossible to keep clean. I asked a few questions of staff and I was told that Russ Cunningham had installed it. I then went to Home Depot with the small broken tile and was told that it sold for $1.00 a tile. If I had access to the invoice for the flooring I would check to see if the tile installed was priced at $1.00 a tile. This is how easy it is to do an audit. It isn't difficult. Why audits are required is for funders. However, auditors are like everyone else who work: they do as little as possible for the greatest wage. They rely on and even state so in their financial statements that they rely on management for their data. So if Kim Kerr approves of an invoice, an auditor would not question it unless maybe it was completely out-of-line as an auditor only wants to make sure the financial statements are consistent with accounting rules. Unless an auditor is hired otherwise, the auditor does not investigate for fraud. Fraud is usually detected by employees who report it to senior management. However, an employee has to be careful as such reporting may cause him to be fired for being a whistle blowing or going beyond his job description. What I would like to do is see the invoice for the flooring and determine to my satisfaction if the price invoiced was reasonable. Since I wasn't given access to invoices, I asked another director, Alex Burnip, who is a friend of Kim's, to look into the pricing. Alex never got back to me.
I finally filed the Petition and Affidavit in the Supreme Court for an Order to allow me access to information which should have been given to me as a director. If you want to read the text please email and I will send you an attachment. audreylaferriere@yahoo.ca.
March 10, 2010. This past week I have been researching and drafting out a Petition and Affidavit to be heard in the Supreme Court of British Columbia. It has been an onerous task. What I am asking for is that I be granted powers of discovery of documents and personnel that are but not limited to the powers given to an auditor as defined in the Society Act. Since a director is suppose to be a "policeman" this should be easy for a judge to grant. It will be a bit hard for him to disagree. Many societies do not have auditors so it is logical that this power be given to directors severally apart from a Board. In that way at least with a Board of ten members at least there is a ten percent probability that one person will do an audit for his own personal diligence. An audit is simple. You take one piece of paper and you follow its history within an organization and question each piece until you are satisfied that everything is in order. Or else you come across a broken piece of tile. DERAH recently replaced the lobby flooring in the Tellier Tower building. I noticed a lose piece of flooring tile which surprised me. The tile also reminded me of tile I had in my workplace which was extremely difficult to clean. I also wondered why the tile was not glued to the floor; the glue was not applied properly. The tiles absorbed everything and it was impossible to keep clean. I asked a few questions of staff and I was told that Russ Cunningham had installed it. I then went to Home Depot with the small broken tile and was told that it sold for $1.00 a tile. If I had access to the invoice for the flooring I would check to see if the tile installed was priced at $1.00 a tile. This is how easy it is to do an audit. It isn't difficult. Why audits are required is for funders. However, auditors are like everyone else who work: they do as little as possible for the greatest wage. They rely on and even state so in their financial statements that they rely on management for their data. So if Kim Kerr approves of an invoice, an auditor would not question it unless maybe it was completely out-of-line as an auditor only wants to make sure the financial statements are consistent with accounting rules. Unless an auditor is hired otherwise, the auditor does not investigate for fraud. Fraud is usually detected by employees who report it to senior management. However, an employee has to be careful as such reporting may cause him to be fired for being a whistle blowing or going beyond his job description. What I would like to do is see the invoice for the flooring and determine to my satisfaction if the price invoiced was reasonable. Since I wasn't given access to invoices, I asked another director, Alex Burnip, who is a friend of Kim's, to look into the pricing. Alex never got back to me.
Subscribe to:
Posts (Atom)