Wednesday, May 5, 2010
Cameron Ward bails on DERA
Late yesterday afternoon Tuesday, May 4, 2010, Cameron Ward advised DERA that he would no longer be its lawyer. I am disappointed as I felt he would go to the end on this. But then this is a "unique and special case" (so said the judge this morning in chambers) that maybe Cameron knew he couldn't win it so he bailed. Another hero of the DTES lost. The two motions that were before the court were adjourned generally. I am not sure what "adjourned generally" means but I will find out and advise.
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.
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.
Saturday, May 1, 2010
Although I have been asking the lawyers for BC Housing, Boughton and Company, and for DERAH, Cameron Ward, to be added to the pleadings so that I can learn what is going on. Both have refused. Cameron's answer was he hadn't received instructions from his clients, DERAH. Sounds like a lawyer talking: did he even ask his client. BC Housing didn't even acknowledge my numerous requests. So now I have to do the court thing and it is not as simple as I was led to believe. Although there is provision in the Rules of Court to be added as a defendant, I haven't been able to determine if this has ever happened before: a guilty party being asked to be named as a defendant. I am a director of DERAH, guilty as hell, and I should know what is happening.
The big day for arguments for appointing a receiver-manager by the Supreme Court is May 17th 2010. All who can attend should and be informed. Watch Cameron Ward in action.
The big day for arguments for appointing a receiver-manager by the Supreme Court is May 17th 2010. All who can attend should and be informed. Watch Cameron Ward in action.
Friday, April 30, 2010
The 90-year old nun, the President of DERAH, the one who is the defacto person responsible for the likely demise of DERAH, fired Lily Loncar on Tuesday. No explanation was given Lily. At board of directors meetings Sister Elizabeth was always adamant that the directors never interfered with Kim and staff: it was in Kim's purview. This is a first. Under the law an employer does not have to give a reason for termination as long as the employer is willing to pay severance. And getting severance can take forever. Everyone in the DTES knows Lily. She has worked in the DTES for eighteen years: she is the frontline support person at DERA. It is time that the community does something. DERA is the community so the community should stop these senseless firings of activists. You would think that all the fired employees would get together and support their fellow workers; but no. Let the union with its corrupt governance look after the problem. Not once over the years did the Union ever contact a director of DERA or make public their disgust with Kim. Speaking directly to the Board is against an unwritten protocal wherein the Union only deals with the executive director. So union members lives are disupted, reputations are tainted and everything is covered up by the effluxion of time. The employees get fired without explanation; six months later the Union gets them severance; and the employees are never heard of again. When I spoke to those that got fired by Kim two years ago, they all said they wanted to protect DERA as they wanted DERA to survive so they won't do anything. Like Anna Hunter said "what happens in DERA, stays in DERA." Now they can speak out they say nothing. I am nauseated by most of them. The employees could have striked on their own if the Board or CUPE won't do anything. DERA isn't just a job; it is a social responsibility and not doing anything is treason.
Tuesday, April 27, 2010
I went to the court registry today as I was advised that some sort of hearing was happening this morning. I didn't really understand it all. The lawyer for BC Housing wanted short leave to appoint a receiver manager being May 7, 2010. Cameron Ward said he didn't have enough time to prepare his answers to the voluminous amount of affidavits and he was awaiting the discovery of documents from BC Housing. Cameron also wanted to examine Shayne Ramsey, the Chief Executive Officer of BC Housing. The court was advised that Ramsey was on holidays. Convenient. The action generated headlines in 22 newspapers and the boss goes on holidays.
BC Housing has a worse reputation than DERA for managing properties. This past year I asked BC Housing over and over again for information and over and over again it refused to supply it. BC Housing is a government animal and it works as if it is under the directorship of Mao. With all its high priced help and university educated employees none of them have even bothered to read DERA's financial statements; if it did it would know what enabling meant and would have known that Kim had a private company doing work in the buildings since 2006. As long as an auditor was involved then BCHousing is off the hook. BCHousing and DERAHousing is equally culpable for this mess. Kim Kerr said that the profit he made from his company he donated it to DERAH as BCHousing did not give him enough money to manage the buildings. Maybe this is true. All the housing providers in the DTES say that BCHousing never gives them enough money so maybe Kim did this as a way to save DERAH. I know this is wishful thinking on my part but like everyone in the DTES we all suffer from the Stockholm Syndrome i.e. identify with one's abuser. Nothing is black and white.
BC Housing has a worse reputation than DERA for managing properties. This past year I asked BC Housing over and over again for information and over and over again it refused to supply it. BC Housing is a government animal and it works as if it is under the directorship of Mao. With all its high priced help and university educated employees none of them have even bothered to read DERA's financial statements; if it did it would know what enabling meant and would have known that Kim had a private company doing work in the buildings since 2006. As long as an auditor was involved then BCHousing is off the hook. BCHousing and DERAHousing is equally culpable for this mess. Kim Kerr said that the profit he made from his company he donated it to DERAH as BCHousing did not give him enough money to manage the buildings. Maybe this is true. All the housing providers in the DTES say that BCHousing never gives them enough money so maybe Kim did this as a way to save DERAH. I know this is wishful thinking on my part but like everyone in the DTES we all suffer from the Stockholm Syndrome i.e. identify with one's abuser. Nothing is black and white.
Saturday, April 24, 2010
A lot of things have happened this week. I am rather overwhelmed and fatigued. I have been caught in the nightmare of not having a place to live. I was given notice as my landlord wants to renovate/sell my place. With very little money; no vehicle; and a small pet, it will be a miracle to find something affordable.
As for BC Housing v. DERA as what always happens the lawyers get involved and you hear nothing. I asked that I be added as a Defendant so I can be made aware of what is happening but both have ignored this request.
As for BC Housing v. DERA as what always happens the lawyers get involved and you hear nothing. I asked that I be added as a Defendant so I can be made aware of what is happening but both have ignored this request.
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.
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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