Petition and Supporting Affidavit filed March 10, 2010.
No.S-101-709
VANCOUVER REGISTRY
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
AUDREY JANE LAFERRIERE,
PETITIONER,
AND:
DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION SOCIETY
(DERA);
DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION HOUSING
SOCIETY (DERAH);
KIM KERR:
B C HOUSING;
THE LAW FOUNDATION OF BRITISH COLUMBIA SOCIETY;
GULF AND FRASER FISHERMENS CREDIT UNION;
SEIGNEURET AND COMPANY;
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1004;
(CUPE 1004);
JASON B. GRATL,
RESPONDENTS.
PETITION TO THE COURT
THIS IS THE PETITION OF:
AUDREY JANE LAFERRIERE, of 1192 East Hastings, Street, Vancouver, B.C. V6A 1S2 778-329-1250 audreylaferriere@yahoo.ca.
ON NOTICE TO:
DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION SOCIETY (DERA)
of 2 East Hastings Street, Vancouver, B.C. V6A 1N1 604-682-0931 elizabethkelliher@shaw.ca kkerr@dera.bc.ca
DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION HOUSING
SOCIETY (DERAH) of 2 East Hastings Street, Vancouver, B.C. V6A 1N1
604-682-0931 elizabethkelliher@shaw.ca kkerr@dera.bc.ca
KIM KERR, of 2 East Hastings Street, Vancouver, B.C. V6A 1N1
604-682-931 kkerr@dera.bc.ca
B C HOUSING, Vancouver Coastal Region, 1296 Station Street, Vancouver, B.C. 6A 2X3 604-609-7024 dmcmann@bchousiing.org
THE LAW FOUNDATION OF BRITISH COLUMBIA SOCIETY, of 1340 – 605 Robson Street, Vancouver, B.C. V6B 5J3 604-688-2337 jcumming@tlfbc.com
GULF AND FRASER FISHERMENS CREDIT UNION of 803 East Hastings Street, Vancouver, B.C. V6A 1R8 604-254-9811 inquiry@gffg.com
SEIGNEURET AND COMPANY, Certified General Accountants, of 210 – 3911 Moncton Street, Richmond, B.C.V7E 3A7 604-266-0212 lynda@seigneuret.com
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1004 of 160–111 Victoria Drive, Vancouver, B.C. V5L 4C4 604-324-2640 spvarty@gmail.com
JASON B. GRATL. Barrister and Solicitor, of 302-560 Beatty Street, Vancouver, B.C. V6B 2L3 604-694-1919 jason@gratlandandcompany.com
Let all persons whose interests may be affected by the order sought TAKE NOTICE that the petitioner applies to court for the relief set out in this petition.
APPEARANCE REQUIRED
IF YOU WISH TO BE HEARD at the hearing of the petition or wish to be notified of any further proceedings, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court within the Time for Appearance and YOU MUST ALSO DELIVER a copy of the "Appearance" to the petitioner's address for delivery, which is set out in this petition.
YOU OR YOUR SOLICITOR may file the "Appearance". You may obtain a form of "Appearance" at the registry.
IF YOU FAIL to file the "Appearance" within the proper Time for Appearance, the petitioner may continue this application without further notice.
TIME FOR APPEARANCE
Where this petition is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).
Where this petition is served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.
[or, where the time for appearance has been set by order of the court, within that time.]
TIME FOR RESPONSE
IF YOU WISH TO RESPOND to the application, you must, on or before the 8th day after you have entered an appearance:
(a) deliver to the petitioner:
(i) 2 copies of a response in Form 124, and
(ii) 2 copies of each affidavit on which you intend to rely at the hearing, and
(b) deliver to every other party of record:
(i) one copy of a response in Form 124, and
(ii) one copy of each affidavit on which you intend to rely at the hearing.
(1) The address of the registry is: The Law Courts 800 Smithe Street Vancouver, British Columbia, V6Z 2E1
(2) The ADDRESS FOR DELIVERY is: 1192 East Hastings, Street, Vancouver, B.C. V6A 1S2 778-329-1250 audreylaferriere@yahoo.ca
(3) The name and office address of the petitioner's solicitor is: n/a
The Petitioner applies to this court for Orders:
1. that the Respondents provide the Petitioner with access to all documents and information regardless of format, including all available media, print, shredded documents, software, emails, computer, and audio recordings, containing transactions on site or in storage with DERA/DERAH during the past six years;
2. that all management/staff/volunteers of the Respondents having knowledge of, or that ought to have knowledge of, transactions with DERA /DERAH be discovered by the Petitioner pursuant to rules 26, 27 and 28 of the Rules of Court;
3. declaring that the Petitioner's rights be the same but not limited to that of the powers stated to be that of an auditor as set out in the Society Act.
4. granting the Petitioner access to the physical premises from which DERA/DERAH operates or physical premises controlled by DERA/DERAH and that the Petitioner be given master keys to all doors and cabinets.
5. for costs (court costs, nominal professional fees, photocopies, computer-use costs, printing costs, postage fees), and further punitive costs for the failure of the Respondents to provide relief as outlined in this Petition.
The Petitioner will reply on the Rules of the Supreme Court of British Columbia and the Society Act (British Columbia).
At the hearing of this Petition will be read the Affidavit of the Petitioner, Audrey Jane Laferriere, sworn the 9th day of March 2010, a copy of which is served herewith.
The facts upon which this Petition is based are as follows:
1. The PETITIONER is a retired person and resides in Vancouver, British Columbia, and is a director of both Respondents, the DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION SOCIETY (DERA) and the DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION SOCIETY (DERAH).
2. The Respondents, DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION SOCIETY (DERA) and the DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION SOCIETY (DERAH), are societies established under the Society Act of British Columbia.
3. The Respondent, KIM KERR, is the executive director of the Respondents, DERA/DERAH. He has been employed as their executive director since 2002. At all material times the Respondent,Kim Kerr, was and is in control of all management, financial, and human resources functions and activities of DERA/DERAH.
4. The Respondent, B C HOUSING, is the provincial crown agency that develops, manages and administers a wide range of subsidized housing options for those in greatest need. It provides funding to the Respondent, DERAH, for three low-income apartment towers in the downtown eastside of Vancouver: (a) Solheim Place at 251 Union Street; (b) Tellier Tower at 16 East Pender Street; and (c) Pendera Place at 133 West Pender Street. The estimated replacement value of the properties is $60 million (300 units X $200,000).
5. The Respondent, THE LAW FOUNDATION OF BRITISH COLUMBIA, is a non-profit foundation that receives and distributes the interest from lawyers’ trust funds to fund non-profit societies with grants for legal education, legal research, legal aid, law reform and law libraries.
6. The Respondent, GULF AND FRASER FISHERMENS CREDIT UNION, is a credit union, incorporated in British Columbia as a financial institution, and provides credit facilities and banking services to the Respondents DERA and DERAH.
7. The Respondent, SEIGNEURET AND COMPANY, is a Certified General Accountant and the auditor for the Respondents, DERA/DERAH.
8. The Respondent, CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1004, is a multi-sector union local of the Canadian Labour Congress representing the employees of the Respondents, DERA/DERAH.
9. The Respondent, JASON B. GRATL, is a barrister and solicitor retained by the Respondents. DERA/DERAH, as their solicitor for various matters.
10. The Petitioner was elected as a director of the Downtown Eastside Residents Association Society (DERA) on the 17th day of April 2009.
11. The Petitioner was elected as a director of the Downtown Eastside Residents Association Housing Society (DERAH) on the 17th day of April 2009.
12. The purpose of Respondent, DERA, is to provide the following services and engage in the following activities (from its Constitution and website):
(a) To keep informed about the life of the community;
(b) To provide education on ways of improving the life of the community;
(c) To co-operate freely and honestly with organizations and people who are willing to assist DERA in improving the life of the community;
(d) To expose and publicize the inadequacies that we discover in the laws, regulations, and services which are enacted and provided;
(e) To fight the indifference and the corruption which we experience daily or which we become aware;
(f) To assist neighbourhood residents with residency tenancy disputes, welfare and senior rights issues, pensions, and income tax preparation.
13. The Respondent, DERA, receives approximately one-half million dollars per year in funding: in 2007 approximately $190,000 of which came from The Law Foundation of British Columbia to provide advocacy to the DTES residents.
14. Sources of grant revenues from September 30, 2008 DERA Financial Statements:
(i) Gaming grant (grantor BC Lottery Corporation) $60,000; (ii) Donations (names of donors unknown) $17,928; (iiii) Vancouver Foundation (purpose unknown) $5,000; (iv) Community Access Program (name of grantor unkown) $4,627; (v) Children Need Care Now (purpose childcare; name of grantor unknown) $197,712; (vi) The Law Foundation if British Columbia Advocacy $164,394; (vii) The Law Foundation of British Columbia Infrastructure $24,920.
Total grant monies for 2008 $473,951.
15. The purpose of DERAH is to provide low income housing for low income residents of British Columbia especially in the downtown eastside who are in core need of housing.
16. DERA/DERAH are both grass roots societies established in the DTES for its residents and has a combined staff of approximately seventeen (17) full-time employees.
17. DERAH receives all its funding from B C Housing. B C Housing provides a rental subsidy to those tenants that quality for low-rental housing. It also pays for extra-ordinary costs that DERAH might incur for managing the three rental housing towers. B C Housing also pays for capital improvements to the properties. DERAH collects rents from the tenants at 30% of their gross income and security deposits for the rents at market rate. The Petitioner calculated the rents collected from tenants to be $300 a unit per month X 300 units X 12 = $1,800,00 a year (estimated). The Respondent, B C Housing, has been paying DERAH over $1million a year to meet its commitments. From these amounts and the rents received DERAH pays all operating expenses including the mortgage and capital expenses.
18. Between 17 April 2009 and the date hereof, the Petitioner, in her capacity as director, has on numerous occasions requested from the management of DERA/DERAH financial statements, financial records, budgets, statements of income, statements of expenditures, balance sheets, bank records, invoices, minutes, resolutions, constitutions, membership lists, by-laws, operating agreements, operational reviews and government reports, correspondence, personnel files and other financial reporting (everything) for the past six years. The Petitioner has not received any of these documents except for the 2008 financials for DERA, the constitution and the by-laws for DERA. and the joint minutes of DERA/DERAH from April 17, 2010.
19. The Petitioner has not received from the Board or the executive director the financials, the constitution or the by-laws for DERAH. By being a newly elected director of DERAH, the constitution, by-laws and historical minutes of DERAH should have been given to the Petitioner. She has been working in a vacuum in preparing this Petition.
20. Despite repeated requests from the Petitioner to the Respondents, B C Housing, The Law Foundation of British Columbia, CUPE 1004, Seigneuret and Company and Jason B.Gratl, (the other Respondents) no information or access to documents/personnel (discovery) was given to the Petitioner. The aforesaid Respondents were unison in telling the Petitioner to contact the management, that is, the executive director of DERA/DERAH for any information.
21. The Petitioner, as a director and the employer of the Respondent, Kim Kerr, needs to know what the relationship is with each of the Respondents with the executive director in order to satisfy herself as to his effectiveness. This can only be successfully accomplished by dialogue with the other Respondents.
22. The Petitioner is entitled access to all information and documents under the Society Act by virtue of being a director of DERA/DERAH and her being jointly with the other directors and severally liable herself for the conduct of DERA/DERAH.
23. The Petitioner, as a director, has legal duties and responsibilities to oversee the operations and activities of the Respondents, DERA/DERAH, to ensure they are being conducted in a proper, efficient and fiscally responsible manner and in keeping with the law and the purposes and the by-laws of DERA/DERAH.
24. The Petitioner has a legal obligation to use her education and experience in her capacity as a director. Her standard of knowledge is higher than what is expected from other directors. The Petitioner has a degree in business from Simon Fraser University. She obtained the degree as a mature student. After obtaining her degree, she was the proprietor of a small import-retail business in the City of Vancouver for twenty years until five years ago. Her community experience included being a director of the Commercial Drive Business Association as well as a director of the Hastings North Policing Centre.
25. The Petitioner has been unable to obtain sufficient information from the Respondents to enable her to fulfill her legal duties and responsibilities as a director.
The Petitioner estimates that the application will take 20 minutes.
Dated: 10 March 2010.
_______________________________
Audrey Jane Laferriere, Petitioner.
Affidavit number 1 of Audrey Jane Laferriere sworn this 10th day of
March 2010.
NO. VANCOUVER REGISTRY
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
AUDREY JANE LAFERRIERE,
PETITIONER,
AND:
DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION SOCIETY
(DERA);
DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION HOUSING
SOCIETY (DERAH);
KIM KERR;
B C HOUSING;
THE LAW FOUNDATION OF BRITISH COLUMBIA SOCIETY;
GULF AND FRASER FISHERMEN’S CREDIT UNION;
SEIGNEURET AND COMPANY;
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1004
(CUPE 1004);
JASON B. GRATL,
RESPONDENTS.
AFFIDAVIT
I, Audrey Jane Laferriere, Retired, of 1192 East Hastings Street, Vancouver, British Columbia.
MAKE OATH AND SAY:
1. That I am the Petitioner in this proceeding and as such have personal knowledge of the matter and facts herein 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 Respondents DERA and DERAH on the 17th of April 2009. The other directors of DERA and DERAH are: Sister Elizabeth Kelliher (President), Pat McSherry (Secretary), Peter Golletz (Treasurer), Chris Slater, Susan Neeves, Julie Rogers, Jill Chelliar, Elvis Houle, and Alex Burnip. The directors of DERA/DERAH receive no $remuneration.
That I was personally recruited by the executive director, Kim Kerr, to serve on the Board of both DERA/DERAH. To the best of my knowledge and I verily believe that all the directors except the president, Elizabeth Kelliher, were personally recruited by the executive director.
The Respondent, Kim Kerr, also controls the membership list and approves who will be new members. In April 2009 four residents of the DTES had to petition the court to renew their memberships before the executive director instructed one of his employees to issue and deliver membership cards.
When I asked the secretary, Pat McSherry, for a copy of the membership list she told me that the executive director had it and he determines who should get a copy of it. The president, Elizabeth Kelliher, emailed me and said that none of the directors were allowed to access the membership list.
That from that date of my election I was not given sufficient information by the managements of DERA/DERAH or the other Respondents to enable me to be an effective director of DERA/DERAH and to ensure that they are best managed according to my knowledge and ability. I graduated from Simon Fraser University as a mature student with a degree in business. After graduation I was a proprietor of a small import-retail business for twenty years. As for non-profit experience, I was a founding director of both the Commercial Drive Business Improvement Association and the Hastings North Community Policing Centre. I verily believe that none of the other directors have my range of business experience.
That on the average the Petitioner sent one email a week to the directors with a copy to the executive director suggesting actions, wanting items to be put on the agenda, and asking for information. At the directors meeting in January 2010 a resolution was passed prohibiting me from sending emails to the directors.
The Petitioner is frustrated and cannot make informed decisions jointly or severally with the Board that is legally required of the Petitioner.
3. THAT I told the other Respondents after trying to get discovery from the management of DERA/DERAH that I did not have confidence in the Boards of DERA/DERAH. And since I was jointly and severally liable for the best management of DERA/DERAH, I needed information from each of them not only for me but also to inform/educate the other nine directors who I TRULY BELIVE do not understand what they were elected to do. I needed source documents (full discovery) from all the Respondents to verify sketchy information/misinformation that I was given or might be given from the Respondents, DERA/DERAH. Also, I needed to know what their relationships were with the executive director.
4. That since April 17, 2009 I have asked for documents from the Respondents by way of discovery via paper, electronic and verbal from each of the Respondents on many occasions and have been ignored/refused. On January 4 2010 I again contacted each of the Respondents by email to request access to information they have in their possessions and my requests were again ignored.
5. That on 17 April 2009, after reviewing the 2008 DERA financials, I asked the executive director, Kim Kerr, what caused the difference in donations from 2007 to 2008. The financial statements reported that donations were $32,401 in 2007 and in 2008 they were $17,928. He replied that in 2007 he had personally made a sizable donation to DERA. I thought it strange as he told me previously that he only made $20.00 an hour. Later I asked for a list of donors so thank you letters could be sent for those that contributed to DERA. I then asked how the monies that were donated were assigned. None of these requests were followed-up. Upon reviewing the Revenue Canada Charities site, there was no reporting of any donations under Line 4500 being the total eligible amount of tax-receipted gifts for 2007.
6. That on 3 October 2009 Revenue Canada revoked the charitable status of the Respondent DERAH. Most funders especially government funders will not fund societies unless the societies have been registered for charitable status from Revenue Canada. When I mentioned it to the Board none of them were concerned that the Respondent, B C Housing, could terminate its funding and it would also be subject to a huge revocation tax.
7. That on 17 April 2009 at the Annual General Meeting for fiscal year 2008 a member of the Respondent DERA (not the Petitioner) asked the auditor, Lydia Seigneuret, if DERA was going under. The auditor said it depended on securing additional funding and donations and on maintaining the support of Gulf and Fraser Fishermen’s Credit Union. This is confirmed in the 2008 DERA financial statements which reported that DERA had a working capital deficiency of $179,740 and a deficit of $198,740.
8. At the annual general meeting and subsequent directors meetings I was told that the auditor would be attending and all questions that I might have would be answered at that time. This never happened. When I had the occasion to speak to the auditor about when she would be attending a directors meetings she said that she was never asked by Kim Kerr to attend.
9. That the president of DERA/DERAH, Elizabeth Kelliher, told the Petitioner in May 2009 that the executive director, Kim Kerr, was a excellent manager as he lowered DERA’s deficit by $95,157 in one year. The President, Elizabeth Kelliher, was unaware that this wasn’t due to the good management of the executive director but rather to errors by DERA’s accounting personnel and the auditor. These errors affected revenues and accounts payable that accumulated over a six year period (see notes to 2008 DERA Financial Statements).
10. At the Annual General Meeting on 17April 2009 the treasurer, Peter Golletz, said that the DERAH financial statements were incorporated in the DERA financials so it was not necessary to have more information. This clearly was not true as a cursory glance of the DERA financials did not reflect the income and expenses of the three rental towers which would be in excess of $1 million.
11. The treasurer, Peter Golletz, told me that he was a retired chartered accountant and had worked for a credit union as its chief financial officer. In May 2009 I telephoned the Chartered Accountants Association and the Certified General Accountants Association and both of them told me that they had no record of Mr. Peter Golletz being a chartered accountant or a certified general accountant. I conveyed this information to the executive director and suggested that the Treasurer be asked to resign. The executive director emailed a response saying that he knew the Treasurer was not a chartered accounted.
12. In December 2009 at the directors meeting in response to a question by a director (not the Petitioner) how was DERA to pay a $6,000 a bill for the Kim Kerr v. Peter Ladner defamation court case when DERA had no money. The President, Elizabeth Kelliher, had asked the Board to approve the payment without a supporting invoice or the name of the payee. The Treasurer assured the directors that it would be paid as we the directors know that money goes around and around. Subsequently, I emailed Peter Ladner and he said that the court costs for the action was already paid and the amount was $5,000.
13. That at the 17 April 2009 meeting the directors and members were not given the financial statements for DERAH dated 30 September 2008. At the directors meeting the next month, I asked for a copy of the 2008 financials for DERAH and was told by the executive director, Kim Kerr, that such documentation was confidential and directors did not get them. I thought this strange and I said so. At the next directors meeting June 2008 I brought it up again and the executive director said that the financial statements weren’t complete yet for DERAH and the directors would get them when they were complete. The DERAH financials for 2008 were never produced. As far as I can ascertain DERAH financials have never been distributed during Kim Kerr’s employment as its executive director. Kim Kerr became the executive director of DERA/DERAH in 2002.
14. That I attempted to secure the DERAH financials from the Respondent auditor, Lydia Seigneuret. She said that she worked for the executive director, Kim Kerr, and to ask him for the financials.
15. That when I asked in May of 2009 the Respondent, Jason B.Gratl, if I could review his DERA/DERAH files, he replied, by email, saying that as an elected director I was entitled to look at his files. However, later he did not follow through. It is important to know what litigations are pending as such litigations are contingent liabilities.
16. That in May 2009 I asked the respondent union CUPE 1004 to send me copies of all current correspondence it was having with the DERA/ DERAH and it agreed and did. Later I was informed by letter that I must communicate directly with the executive director, Kim Kerr. It is important that the Petitioner knows of the contractual terms the union Respondent has with DERA/DERAH and their employees. DERA/ DERAHs’most important asset are its employees and its second largest expense, second only to mortgage payments, is wages. It is also important for directors to know what CUPE 1004’s relationship is with the executive director.
17. That during the past two years the executive director has fired one-half of DERA/DERAH employees either directly or constructively. When I asked the Board for information on these firings, I was told that the Board did not involve itself with such matters. The executive director I was told had license to do what he wanted with employees. I was horrified. DERA/DERAH is a small grass roots organization and most of the directors personally know the employees. The employees helped elect the directors; they were friends. The employees did not except to be abandoned by them. Employees of all organizations look to the directors (the Board) for protection from arbitrary decisions. Further, employee turnover is a sign of bad management. To the best of my knowledge severance payments have been paid to each of the fired employees suggesting that the firings were unjust. The Respondents, DERA/ DERAH, has a long history of arbitrations with the Union. I understand that a further arbitration is happening.
18. That in the first week of September 2009 I was told by two lawyer advocates who worked at the DERA office that I was not to be admitted to the office. The instructions came from the executive director, Kim Kerr, and they insisted, as they lorded over me, that I leave. No reason was given. And, this prohibition is not enforced for any of the other directors who can enter the offices at will and do. The two lawyer advocates said that they worked for the executive director and not the Board and they volunteered, to my disbelief, the information that they knew everything that goes on within the management of DERA.
19. That I was told by three DERA/DERAH employees that they were instructed by the Executive Director, Kim Kerr, not to talk to the Petitioner. And these employees advised me that all other employees were told this as well. This directive did not extend to the other directors.
20. That the DERA office at 2 East Hastings and the offices of the DERAH buildings are secured by locks for filing cabinets and computer access which contain information that directors should have access to. Allowing access to be controlled only by the executive director only invites suspicions of wrongdoing. A director is best described as an owner (a reasonable person’s definition) and should have access to all premises and their contents. In partnerships no information is keep confidential from each other.
21. That on more than one occasion I asked the Respondent, The Law Foundation of British Columbia, for information concerning DERA. I originally wanted to know what the rule of law meant and how it affected its relationship with DERA. I suggested that the Law Foundation give a talk to the Board about it. At first it co-operated freely and it corresponded with me by email. Later I was told by it that I would have to deal directly with the executive director of DERA. As The Law Foundation of British Columbia is a principal $funder for DERA, it is important that the Petitioner is aware of its contractual terms with DERA and also know of its relationship with the executive director.
22. That I attended in December 2009 at the Respondent bank, Gulf and Fishermen’s Credit Union, and was told that since I was not a signing officer to DERA/ DERAH’s eleven bank accounts I could not access any information from it and that I should contact DERA/DERAH’s management for any information.
23. That starting in May 2009 the Respondents: B C Housing, Seigneuret and Company, The Law Foundation of British Columbia, CUPE 1004, Gulf and Fraser Fishermen’s Credit Union and Jason B. Gratl; each were told that because the Petitioner was jointly and severally liable for any misdeeds of the Respondents DERA/DERAH and because the Petitioner was also responsible for the best management of the Respondents DERA and DERAH, the Petitioner needed full discovery. I also explained to them that the Board and the executive director did not or would not supply adequate information for me to do my duty as a director that I needed to deal directly with them. No one disputed the fact that I was severally responsible.
24. That I was personally told by the executive director, Kim Kerr, when he was actively recruiting me, that he controlled the Board and the Board did what he wanted.
25. That during the time I was sending emails to the Board I copied everything to the executive director, Kim Kerr, and to my current recollection he only answered me twice (1) when he replied that no he did not tell the director, Susan Neeves, that I was crazy and needed professional help; and (2) when he replied and said that he knew the treasurer, Peter Golletz, was not a chartered accountant.
26. That on January 12, 2010, I delivered to each of the named Respondents a draft copy of this Affidavit and attached Petition in the hope that one or more of them would grant me discovery. As a result I was contacted by the Respondent, B C Housing, saying that it would be forwarding me a copy of the Operating Agreements between B C Housing and DERAH for the three rental towers. I was told that the document would be sent to me as it would be available under FOI anyways but that was as far as it would go. I told B C Housing I needed additional discovery of its documents and its personnel but they did not accommodate me further. Upon reading the Operating Agreements, it is my opinion that DERAH is in breach of certain terms and conditions therein. The other respondents did not acknowledge receipt of the draft Petition and Affidavit.
27. That on 12 February 2010, at 6:30 p.m., (hour of the opening ceremonies of the winter Olympics) I was illegally impeached from my directorship from DERA. The impeachment was initiated by the Board and not by the members. The impeachment did not follow the requirements of the Society Act as to legal process, notice and time. At the meeting I told the members and the directors that the meeting was not legal. Rather than the meeting ending, I was taunted with go to court and have the impeachment overturned. Currently, I am asking the Board to nullify the illegal impeachment. I was not impeached from the Respondent, DERAH.
SWORN BEFORE ME at in the City of )
Vancouver, in the Province of British )
Columbia, this 10th day of March 2010. )
) ___________________________
) Audrey Jane Laferriere
____________________________________)
A COMMISONER for taking Affidavits for
British Columbia.
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