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Stave Falls News, Pilgrim Street, Mission City, BC (2025)

11/08/2025

Expulsion Part X

When is the next legal action in the SGCA expulsions?

Short answer:

November 20 at 9:45 a.m. in New Westminster Supreme Court.

Long answer:

The expelled group has now filed a fresh Notice of Application asking the court to:

1. reinstate their memberships,
2. rescind the June 25 indemnity motion, and
3. order written undertakings from anyone reimbursed under that motion.

Their entire membership-reinstatement argument hangs on one line from the 2023 bylaws:

"2.4 … their membership may be suspended or withdrawn by a two-thirds majority vote of the membership."

They are interpreting that as meaning two-thirds of all 162 members—a total of 108 votes in favour—were required for the expulsions to be valid. The difficulty for them is that every other part of the bylaws (and the Societies Act itself) defines a two-thirds vote as two-thirds of the votes cast by members present, not two-thirds of everyone on the membership roll. Unless they can prove that SGCA historically used the “all members” rule, this leg of their case looks weak. (See paragraph 14 on page 3 and para. 30 on page 4 where they corrrectly quote the bylaws.)

Their second request—to overturn the indemnity motion—has better traction. That’s because the Societies Act has strict requirements for indemnification payments and the June motion was passed as an ordinary resolution, not a special one. If any payments were made without the required undertakings, the court might take issue with that.

As for the third item (the request for fresh written undertakings now), it’s mostly housekeeping and unlikely to affect anyone directly.

There still remains the problem which counsel for the SGCA pointed out in his response to the Notice of Civil Claim, and which the judge in the first hearing asked them to consider carefully and maybe get some legal advice: Section 102 of the Societies Act—the oppression remedy they are relying on—normally has to be brought by petition, not as part of an ordinary civil action. Their current file was started by a Notice of Civil Claim, so the procedure is not the one the statute calls for.

It looks to me that some legal advice may have been needed to write this new application, so maybe their adviser considers the petition issue to be unimportant because the court can, in theory, treat the existing action as if it were brought by petition or simply allow it to continue for efficiency’s sake. But that is still a technical irregularity, and until the court explicitly cures it, the reliance on section 102 remains procedurally shaky. In short, they may have the right provision but the wrong vehicle.

So the real action on November 20 will be over whether the expulsions stand and whether the indemnity motion survives. The issue of petition or NOCC may also be addressed but perhaps just as a technicality. Whether the judge refuses to hear the application before the technicality is resolved will be interesting.

I’ll post an update after the hearing on how it unfolds.

11/01/2025

BC Court of Appeal Part I

What happened in the Court of Appeal hearing?

Short answer:

The justices asked a lot of very pointed questions and then reserved judgment. A written decision can be expected in a couple of months.

Long answer:

I said earlier that I would be in appeals court on October 30 to hear my appeal against the decisions made by Justice Ball on February 18, 2025. You may recall at that hearing Justice Ball made two orders: 1. That prevented me from bringing further legal action against Cowan, Beland, Brendan Keys and Birgit Keys without leave of the court and 2. An award of costs against me for $3,000.
That essentially declared me a “vexatious litigant” in the eyes of the court. I decided to appeal because although it is not criminal it is a very serious charge and because of that very embarrassing.
Questions from the bench usually give a pretty good idea of which way the sentiment of the court is leaning. As the questions came it was clear they had not only read my submissions but understood the background and the key issues.

There were three justices hearing the appeal. I made my oral presentation (see images) and got a couple of questions to clarify what happened. When one justice said “but they had been voted out of office … and there was an interim board” I was confident she had read the actual details of my submissions. She had the date wrong which I corrected and explained that they refused to recognize the result of that meeting. There were a number of other similar questions that did not suggest any particular bias, just getting facts straight.

One justice asked why so many applications and I explained that when I was unable to adequately serve the first two I took the opportunity to improve what I was asking because I was learning as I went. She pointed out that it came down to two applications and I said yes I had abandoned the others.
Another justice asked whether there was evidence that the Oct 26 application had been dismissed. I said I would check during the break. He asked that because I had brought up the fact that the Nov. 1 shutdown order had been granted based on false statements made to J. Ball about the Oct 26 hearing.

Then opposing counsel (OC) made their presentation. Yes there were actually two of them. Ms. Braun who had argued the case on Feb 18 was not present. There was no audience but the proceedings were being broadcast by video link.
The questions to OC were pointed and skeptical. One justice asked several questions to try to understand exactly what was vexatious about my actions. OC pointed to the number of applications I had made. The justice pushed back with the fact that since I had not been able to serve the first two they had not responded to them. After some more back and forth OC seemed to acknowledge that prior to March of 2024 there was nothing vexatious but pointed out that taken in context there was. After several more questions OC seemed to arrive at the fact I had made very serious allegations and asked for special costs. He also mentioned several times that my application for costs came 9 months after the case had been discontinued for no apparent reason and I was not a “party”. Justice pointed out that J. Ball had discretion to award costs to “non-parties”. When she finally had his answer as to what was vexatious she asked him if there was not a double standard when they could get special costs but J. Ball refused to hear my submission why I should get special costs.

This went on for more than half an hour leading up to the 3 pm break. Before the break another justice asked whether the SGCA had been served with the original notice of civil claim as required. OC said he would check during the break.

After the break the justice who had asked about dismissal started with saying he had checked the court records and found that indeed the Oct 26 hearing had been dismissed. He then read from the transcript of the Nov. 1 hearing and asked if telling the court that the Oct 26 hearing had run out of time was not misleading.

The third justice had very few questions but when OC suggested that J. Ball had discretion in how much he wanted to hear from me she pointed out that there was no discretion when it came to procedural fairness and my right to be heard saying they were basic principles and no such discretion existed. OC pushed back by quoting some case law but she appeared to be unimpressed with that.

After OC concluded I had the opportunity to clarify that indeed the SGCA had never been served because if they had been the interim board would have been informed and the secrecy of the without notice applications would have been blown.

Going into the hearing I felt I had a strong case. After hearing the questions put to OC, I will be very surprised if both orders are not overturned.

Although it’s uncommon that the appeals court decides the substance of the applications in question rather than kick them back down for rehearing the specificity of the questions suggests to me that they may actually break from what is common practice. There is even a slight chance that they will actually decide that my actions were not vexatious and even go so far as to decide whether I should have the costs I asked for.

I will let you know in a few weeks when the decision is handed down.

10/27/2025

Dissolution Part I

Can the SGCA be dissolved? Should we do that?

Short Answer:

Yes a society can be dissolved by special resolution of the members.

Even before the most recent lawsuits and the Oct 8 meeting I had been wondering whether it might be better for the community if we dissolved the SGCA altogether. That’s not something I say lightly. Like many of you, I’ve invested a lot of time in trying to make this organization work. But I think it’s time to ask whether it’s doing more harm than good.

Long Answer:

Some of you were at the October 8 meeting where several expelled members attended and refused to leave when asked by the chair. Because of that, the agenda couldn’t be dealt with and a new meeting was called for October 22. I asked to be put on the agenda for a discussion about dissolving the SGCA. To focus that discussion I drafted a requisition by members for the dissolution. Although you will see from this post I am leaning toward dissolution there is still time to change that direction. There is currently no motion to dissolve, only a discussion of whether and how to do that.

Points Expressed For and Against Dissolution:

Some points made by me and others during the discussion and in meetings I have had since included:

The SGCA was meant to build community, not divide it. Instead, it has become the centre of ongoing conflict and legal costs that drain energy and goodwill from Stave Falls.

Our voice as an association is of little value because of the conflicts which the larger Mission community is well aware of including mayor and council.

I’ve watched neighbours stop speaking to each other, and I’ve seen more money go toward lawyers than community projects. Latest estimate of legal fees just related to expulsion is about $18,000. When an organization meant to serve the neighbourhood starts hurting it, we have to stop and ask — is continuing really in the public interest?

One or more people spoke in favor of a community hall and said even if our money is not enough to do that it could be a catalyst for other grants.

The community as a whole should decide what happens to our money.

One person suggested that the requisition should be reviewed by a lawyer so I have asked the SGCA to do that and offered to pay the expense if it happens in a reasonable time.

The Mechanics of Dissolution:

Under the Societies Act, members can bring a requisition asking that a special meeting be held to decide whether to dissolve the association. A 2/3 majority vote would be needed for approval.

If members vote in favour the SGCA’s assets are not “given away.” The requisition specifically puts our money with either the Vancouver Foundation or the Mission Community Foundation who would return about 5% of the fund each year to applicants who propose projects to benefit Stave Falls.

Potential advantages of dissolution:
• An end to costly internal disputes and legal bills
• Relief from years of tension and division. I am not suggesting the tensions will disappear but at least we can stop them playing out in so public a forum
• Freedom to rebuild community connections informally or even as other societies.
• A transparent way to protect the funds for everyone’s benefit

Possible downsides:
• We lose the formal structure of the SSGCA but start the path toward other groups being formed.
• Winding up will take time and needs to be done carefully
• There’s a chance of short-term legal challenges especially if the dissolution is challenged in court.

For me, this is about being realistic. The SGCA has become a legal battleground instead of a gathering place. Maybe dissolving it is the only way to stop the bleeding and let our community move forward.

Please comment if you want to sway the decision of whether to proceed with the requisition. If you would like to make a comment anonymously or sign the requisition please email me at sunwatts@gmail,com.

Note: to the people who have already signed the requisition I will be contacting you with the final wording. I have dropped point four of the original because it was suggested to me that it only complicated what was otherwise a very simple disposition of the funds. The proposed wording, not yet reviewed by legal counsel, is in the images.

Pinned Post Summary (for Facebook)
I’ve brought forward a requisition to dissolve the SGCA because I believe it’s time to stop spending community energy and funds on conflict and legal bills. If the association is dissolved, the money won’t disappear — it will remain available for Stave Falls residents through a transparent community process. I’ve asked for legal review and offered to donate toward that cost so that we can make this decision fairly and with good information.

10/25/2025

Expulsion Part IX – Update

What’s happened recently:

Short Answer:

Yesterday the expellees filed a notice of application (NOA) without notice asking again for alternative service by email.

Long Answer:

This is really just an update to remind myself of some procedural nuances. Unless you are really keen it is not particularly worth reading.

This is interesting to me in a number of ways:

1. The NOA is not signed so we do not know who filed it. I looked because I would like to know if legal counsel has been engaged on this file. A lawyer can take complete control of the case but that has not happened because since the Plaintiffs started the civil claim a Form 110, Notice of Change of Lawyers, would have to be filed and I do not see that in the court records. Of course, a lawyer can still be involved in an advisory capacity but they are not the “lawyer of record”. I also don’t understand why the registry would accept an unsigned document.

2. The SGCA is listed as one of the parties they would like to serve by email. On the first page of the NOA the SGCA is referred to as a third party. In everyday terms, a third party is simply someone who is not one of the main people involved in a situation, but in legal proceedings, the term refers specifically to a person who has been formally added to a case because the outcome may affect them or their responsibilities (Third Party). There is a special form which the defendants have to file to add the SGCA as a Third Party. The court records do not show that the SGCA has been added as a Third Party.

3. Also on page 1 we see it is without notice. In the Sept 23rd hearing the justice specifically ordered that: ”4. DIRECTION: Any application in this matter shall not be brought on an ex-parte basis.” The two terms are interchangeable; ex-parte means without notice. This type of application is meant for urgent applications, especially on the civil side. The Justice has essentially said in her early order that noting about the whole civil claim is urgent enough to warrant an ex-parte application. Another Justice did grant short leave which also suggests urgency or irreparable harm but that only applies to the Sept 23 application.

The NOA lays out a number of facts which amount to: on October 16th Anil promised to provide contact information for the new firm to which he had transferred the file but has not provided details. That is pretty straight forward but it does suggest that the Plaintiffs feel there is some urgency in moving forward.

10/17/2025

Expulsion Part VIII

Will the hearing scheduled for Oct 17 be heard?

Short answer:

Not tomorrow but maybe later.

Long answer:

A requisition was filed today by the defendant stating:

That the Application filed by the Plaintiffs on October 3, 2025, and scheduled for a hearing on October 17, 2025 at 9:45 a.m. at the New Westminster Law Courts, 651 Carnarvon Street, New Westminster, BC be adjourned generally, BY CONSENT, and reset to a future date that is agreeable to all parties of record.

The signatuer by the lawyer for the BOd was dated October 14, 2025

"Adjouned generally" does not mean it has gone away. It is just sitting in limbo. The applicants can requisition a new date for the hearing.

I'd love to know why but that is unlikely to become public knowledge.

Simply not filing the Application Record would have had the same result. So there must have been some discussion leading up to this.

10/16/2025

Expulsion Part VII

What does the response to civil claim say?

Short answer:

It denies all allegations made in the Notice of Civil Claim (NOCC) by the expellees,
outlines the basic facts surrounding the June 2025 indemnity motion and the September 2025 expulsion process,
states that all actions were taken in compliance with the Societies Act and the bylaws,
argues that the plaintiffs have not established any reasonable expectations or oppressive conduct,
states that the claim was brought in the wrong form (NOCC instead of petition) and
seeks dismissal of the proceeding with costs.

Long Answer:

The Response to Civil Claim (RCC) was filed yesterday by the Board of Directors and is signed by Cheltenham, Secretary for the SGCA.
It responds to the Notice of Civil Claim filed on September 19, 2025, as required within 21 days after that filing.
The fact that it is not signed by a lawyer suggests that the Directors’ liability insurance has not yet taken effect, or that the insurer has not yet appointed counsel.

Some of the main arguments repeat points already made in the earlier Response to the Notice of Application (RNOA), but there are a few new elements here:
• It expands on the legal concept of oppression, referencing several court cases to argue that the plaintiffs (the expelled members) have not demonstrated any reasonable expectations that were violated.
• It emphasizes that all meetings, notices, and decisions were conducted properly under the Societies Act and the Association’s own bylaws.
• It argues that the expulsions and indemnity motion were legitimate, democratic decisions of the membership.
• It reinforces the position that the plaintiffs used the wrong court procedure — bringing an “action” (NOCC) when such matters should be brought by “petition.”
• It concludes that the claim should be dismissed entirely, with costs awarded to the BOD.

Overall, the RCC formalizes the Board’s defence and moves the litigation from procedural skirmishes into a full defence on the merits. It also positions the Board to argue that it acted within its legal rights at every step of the process.

I find it interesting that no mention is made of the rights of the membership to determine what happens to the Society, even though earlier filings by the Board relied heavily on the fact that actions taken were in response to member initiatives — the expulsions were requisitioned and the indemnity motion was moved by a member. These were not actions initiated by the BOD. The Societies Act says it is the members, not the directors, who ultimately hold the authority to decide the Society’s future.

Now that the response has been filed, the discovery phase begins, in which each side must exchange documents and information relevant to the case. The first step is the list of documents, which must be served within 35 days.

The NOA is scheduled for hearing tomorrow, Oct 17. I was looking for the application record when I came across this filing. The Application Record (AR) is not listed on the court website which could mean it does not get scanned or that it has not been filed. Final scheduling of the hearings is usually available around 4 pm. It is my understanding that if the AR is not filed the hearing cannot be held.

10/13/2025

Expulsion Part VI

What will Friday’s hearing address?

Short Answer:

The applicants ask for 3 orders:
1. Stay their expulsion
2. Stay the indemnity motion
3. Alternative Service by email
The respondents say:
1. The application is not valid
2. Alternative Service is not necessary
3. Costs should be paid to them

Long Answer:

In previous posts you may have read that:
- 9 members of the SGCA were expelled on Sept 24, 2025
- they sued the directors (BOD) to try to prevent the meeting from happening
- a hearing was held Sept 23 but the judge refused to hear an application that had not been served and
- she said they should consider the points made by counsel for the SGCA in that hearing before coming back to court
- they are coming back to court with a new application this coming Friday Oct 17 but it is still a notice of application based on a notice of civil claim and not a petition as suggested by counsel for the SGCA that it must be to be acceptable to the court.

All that is old news but what is new is that on Friday the BOD filed their response as required 5 days prior to the hearing. It opposes granting any of the three claims and then repeated the case law which supports that the current application like the one partially hear on Sept 23 is not valid because it should start with a petition rather that a notice of civil claim. It estimates 90 minutes for the hearing whereas the applicants suggest it can be dealt with in 30 minutes.

Also new to this application is asking for alternative service. The response points out that:
“20. The Applicants rely on Rule 4-4 which provides for an alternative method of service and states as follows:
(1) If it is impracticable to serve a document by personal service or if the person to be served by personal service
(a) cannot be found after a diligent search, or
(b) is evading service of the documents,”

The applicants may have learned to ask for alternative service from their experience when I was trying to serve them with my applications to try to have the Nov. 1 2023 shutdown of the SGCA set aside. You probably don’t recall that I got an order for alternative service by email by alleging that 4 of the expellees were evading service and offering evidence of how I had tried to serve them. That is the type of evidence the response talks about when it says:
“22. In granting an order for alternative method of service, the evidence should demonstrate that the plaintiff has taken reasonable steps to locate the party and, if located, that reasonable efforts have been taken to personally serve the individual.
23. An order for alternative service is available where either it is impracticable to serve by personal service or the person to be served cannot be found after a diligent search or is evading service. The rationale underlying personal service is to ensure the recipient has notice of a proceeding.”

The response also points out that Rule 4-1 “requires parties of record to provide an email address for service if available.” The applicants may not have been aware of that rule since we can see from the last page of their application that they did not supply that or even an address for service. The last page of the response does comply with Rule 4-1 so asking for email service may be seen as a waste of the court’s time which will probably be considered a good reason for granting costs to the BOD.

The response is signed by Anil so I expect he will be in court Friday to argue the case against Beland or Cowan.

There will be more details after I attend the hearing. For now if you want to read the NOA all 7 pages are in the images.

10/06/2025

Expulsion Part V.

When will the application about expulsions be heard?

Short Answer:

October 17, 2025
The application has been reduced from 17 to 4 pages.

Long Answer:

On Sept 24 nine members were expelled from the SGCA. Their names are listed in the orders sought below.

On Sept 19 those Expellees file an application in BC Supreme Court to have the Sept 24 meeting postponed. At the hearing of that application the judge said she could not deal with the substance of the application because it had not been properly served and she suggested the application may need some changes before being brought back.

On October 3 the Expellees filed a substantially altered application which is scheduled to be heard on Oct. 17. This application now asks for:

"PART 1: ORDER(S) SOUGHT

1. A stay in the matter of the Stave Gardens Community Associations Special Resolution Meeting, held on September 24, 2025 where Colleen Beland, Gregory Cowan, Birgit Keys, Brendan Keys, Phil Cooper, Ashleigh Robinson, Ray Smith, John Cernovec and Tony Reid were expelled from the membership of the Stave Gardens Community Association. The Plaintiffs will remain members in good standing with all rights, including voting rights restored to them pending the main application being heard and the court has ruled on the matter.

2. A stay in the matter of the motion for indemnity that was adopted by members in an ordinary motion at a general meeting of the Stave Gardens Community Associations held on June 25, 2025. The matter of indemnity for the SGCA may be resolved either by order of the court pending the main application being heard or by the SGCA taking the proper steps for making bylaw amendments that includes but is not inclusive of a Special Resolution Meeting of Members.

3. an order allowing an alternative service method on the defendants. That the court allow service by email on each defendant individually or by email to the counsel for the Stave Gardens Community Association."

So basically, they are asking that the effect of the Sept 24 meeting and the June 24 meeting be cancelled pending resolution in the courts.

The application makes the argument in paragraphs 2 through 6 that there were 64 members present at the Sept 24 meeting but since there are 162 members in the SGCA there could not be a 2/3 majority vote. Paragraph 6 says:

“6. The two-thirds majority threshold has not been met and the motions for expulsion must be rejected.”

But the threshold is not the number of members present but rather the number of votes cast.

The BC Societies Act is pretty clear on this by stating in Section 1: Definitions:

“"special resolution" means any of the following:
(a) a resolution passed at a general meeting by at least 2/3 of the votes cast by the voting members, whether cast personally or by proxy;“…

So the ground under the first order is very shaky indeed.

On the second order sough they argue that the indemnity motion had to be by special resolution as per section 1.2 of the bylaws.

The June 25 meeting was a special resolution meeting and the motion passed by a 2/3 majority. I also recall being given notice that the motion would be on the agenda so I am not sure how it fails to be a special resolution The application does not give that level of detail.

Perhaps there is a technicality with the way the motion was brought forward but I am not going to spend a lot of time on that because even if the court grants that order it is a simple matter to bring back the same motion.

The Defendants now have 5 business days to respond to the application so I will be checking for those responses on Friday or Monday. They also have 21 business days from Sept 19 to respond to the notice of civil claim.

The Plaintiffs have to serve the defendants 8 business days before the hearing so the way I count it that would be today because of the Monday holiday.

Stay tuned.

10/04/2025

Expulsion Part IV

What did I get out of listening to the Hearings?

Short Answer:

Read the long answer because it’s really quite short 😊.

Long Answer

You may recall that I had to speculate about a few things in the previous post. The only way to be sure was to go and listen to the recordings of the hearings. I did that last Wednesday.
As stated earlier the Expellees had filed an application for short notice which means get into court faster that normally allowed. The hearing lasted a little over 5 minutes. Beland spoke explaining that they were up for expulsion at a meeting to be held September 24. The judge ordered a time for the application to be served on Saturday and set the hearing for the 23rd.

The hearing held September 23 ran about an hour even though that was 20 minutes beyond the normal end time for court. I learned that rather than personal service the application had been emailed to the defendants. The judge stated several times that the matter could not be heard because proper service had not occurred.

She also stated at least twice that they may want to get some legal advice and consider carefully Anil’s (lawyer for the SGCA) response to the application which included a number of other reasons why the matter could not be heard. I had speculated that the order given that there be no “without notice” applications had probably been asked for by Anil but it turns out the judge just ordered it without being asked to do so.

I had wondered why the order for costs against the Plaintiffs said “not forthwith”. I am used to hearing “in the cause” when the judge wants to delay payment until the underlying NOCC is concluded. That is what she initially ordered but then realized the SGCA was not a named party on the NOCC so she changed the wording to “not forthwith”.

So what happens next? The judge appeared to be of the opinion if the application was to come back it needed some changes so they may rework the application based on Anil’s response as the judge suggested. The Judge was very clear that proper service was required in order to have it dealt with next time it comes back.

09/25/2025

Expulsion Part III

What happened before the Expulsion Meeting?

Short Answer:

The 9 members up for expulsion filed a lawsuit against all members of the board of the SGCA and then used that action to file an application to prevent their expulsion. That application was denied.

Long Answer:

On Sept 19, 2025 the expellees filed a notice of civil claim (NOCC) claiming, among other things, they had been unfairly dealt with. You may recall that to get into court with an application you first have to have an NOCC which spells out the basic information, who is suing, who is being sued, why and what the damages are.

That same day they applied to the court for hearing on short notice which allowed them to schedule an application to be heard before the meeting which was only 5 days away. The short notice application was allowed.

On Sept 22 they filed an application to prevent their expulsion, set aside the motion passed at the June 25 meeting plus 3 other items (see the images for the complete list but those first two are spelled out as follows:

“1. Permanent Injunctive Relief preventing the expulsion from the SGCA, the Plaintiffs in this action.

2. Rescind the motion for indemnity moved and adopted by members on June 25, 2025 at a general meeting of members for the Stave Gardens Community Association.”

That application was scheduled for the next day.

Also on the 22nd the lawyer for the SGCA filed a response to the application on behalf of the SGCA arguing that an injunction could not be decided as an application but had to go through a more thorough consideration of the evidence than an application allowed for. That is my very sort interpretation of the 7-page response. See the images for more details

Unfortunately, I could not attend the hearing but the end result was that the matter was adjourned meaning they can come back to court on another day. The judge did make 6 orders which you can see in the images. Two of orders are significant:

1. Costs were awarded to the SGCA which is interesting in a number of ways. Firstly, the SGCA is not a party named in the NOCC but it is named in the application and in the response. Usually costs are awarded to the party that “wins” the day, not at all or to whoever wins the whole case. The fact that the judge awarded costs suggests that the Plaintiffs are fighting an uphill battle.

2. No application can be brought without notice. You may recall that “without notice” was a technique used extensively on the application to shut down the SGCA. I assume the lawyer was aware of that so asked for this order.

I will try to find time to listen to the recording of the hearing because I suspect the judge made some interesting comments. Unfortunately, that requires a trip into New West.

The NOCC lays out in good detail how we got to where we are so I will include a lot of images. It also spells out the reasons for the expulsion of each member while at the same time claiming that the SGCA improperly disclosed that type of detail.

It will be interesting to see how long they continue down this path without a lawyer. You may recall that 4 of these plaintiffs were also self represented when they tried to shut down the SGCA but later got legal counsel.

Stave Falls News

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