Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
37551
S. A. v. Metro Vancouver Housing Corporation
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-02-20 | Appeal closed | |
| 2019-01-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-01-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-01-25 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The motion to strike by Metro Vancouver Housing Corporation is granted in part and Section E of Part III (paras. 24-34) of Disability Alliance BC Society’s intervener factum is struck accordingly. The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA43354 and CA43355, 2017 BCCA 2, dated January 6, 2017, heard on April 25, 2018, is allowed. The declarations made by the Court of Appeal are set aside. It is declared that the appellant has a right to have her application for a rent subsidy considered by the respondent in accordance with the terms of the Additional Rent Assistance Application, and that her interest in the trust settled for her benefit in 2012 is not an “asset” for the purpose of such a determination. The issue of the appellant’s request for monetary relief is returned to the British Columbia Supreme Court. Costs are awarded to the appellant on a party-and-party basis on the leave application, on the appeal and in the courts below. The appellant’s request that the respondent pay the costs award into a trust on the same terms, for the same beneficiaries, and with the same trustees as the trust settled for her benefit in 2012 is granted. Brown and Rowe JJ. dissent in part. Allowed |
|
| 2018-05-08 | Transcript received, 122 pages. | |
| 2018-04-25 | General proceeding, Questionnaire for publication ban. | Metro Vancouver Housing Corporation |
| 2018-04-25 | General proceeding, Questionnaire for publication ban | S. A. |
| 2018-04-25 | Judgment reserved OR rendered with reasons to follow | |
| 2018-04-25 |
Hearing of the appeal, 2018-04-25, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-04-25 | Respondent's condensed book, (Book Form), (14 copies) Submitted in court room. | Metro Vancouver Housing Corporation |
| 2018-04-25 | Appellant's condensed book, (Book Form), (14 copies) Submitted in court room. | S. A. |
| 2018-04-25 | Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. | Attorney General of British Columbia |
| 2018-04-25 | Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. | Council of Canadians with Disabilities |
| 2018-04-25 | Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. | Income Security Advocacy Centre |
| 2018-04-23 | Intervener's factum, (Book Form), Amended factum, Completed on: 2018-04-23 | Canadian Association for Community Living |
| 2018-04-23 | Order on motion to strike out, BY JUSTICE ABELLA | |
| 2018-04-23 |
Decision on motion to strike out, Abe, UPON APPLICATION by the respondent for an order striking paragraphs 3, 7, 11, 16-20, 24-34, of the factum of the intervener Disability Alliance BC Society, and for an order striking the affidavit references and certain propositions at paragraphs 9, 16 and 23 of the joint factum of the interveners Canadian Association for Community Living and People First of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to strike is referred to the panel of the Court hearing the appeal. Referred |
|
| 2018-04-23 | Submission of motion to strike out, Abe | |
| 2018-04-23 | Reply to motion to strike out, (Letter Form), Completed on: 2018-04-23 | Metro Vancouver Housing Corporation |
| 2018-04-20 | Response to motion to strike out, (Book Form), 9 additional copies requested-rec'd 2018/04/24, Completed on: 2018-04-20, (Printed version filed on 2018-04-23) | Disability Alliance BC Society |
| 2018-04-18 | Respondent's book of authorities, (Book Form), Supp. book of authorities, Completed on: 2018-04-18 | Metro Vancouver Housing Corporation |
| 2018-04-18 | Reply factum on appeal, (Book Form), Completed on: 2018-04-18 | Metro Vancouver Housing Corporation |
| 2018-04-17 | Response to motion to strike out, (Letter Form), Completed on: 2018-04-17 | Canadian Association for Community Living |
| 2018-04-17 | Motion to strike out, (Book Form), 9 additional copies requested-rec'd 2018/04/24, Completed on: 2018-04-17, (Printed version filed on 2018-04-17) | Metro Vancouver Housing Corporation |
| 2018-04-12 | Appeal perfected for hearing | |
| 2018-04-11 | Notice of appearance, Geoffrey W. White and Amy A. Mortimore will be appearing. Mr. White will present oral argument. | Disability Alliance BC Society |
| 2018-04-11 | Intervener's book of authorities, (Book Form), Completed on: 2018-04-11 | Income Security Advocacy Centre |
| 2018-04-11 | Intervener's factum, (Book Form), Completed on: 2018-04-11 | Income Security Advocacy Centre |
| 2018-04-11 | Intervener's book of authorities, (Book Form), Completed on: 2018-04-11 | Attorney General of British Columbia |
| 2018-04-11 | Intervener's factum, (Book Form), Completed on: 2018-04-11 | Attorney General of British Columbia |
| 2018-04-11 | Intervener's book of authorities, (Book Form), Completed on: 2018-04-11 | Disability Alliance BC Society |
| 2018-04-11 | Intervener's factum, (Book Form), Completed on: 2018-04-11 | Disability Alliance BC Society |
| 2018-04-10 |
Notice of appearance, Dianne Wintermute and Luke Reid will be appearing. Ms. Wintermute will present oral argument. Request 2 reserved seats. |
Council of Canadians with Disabilities |
| 2018-04-10 | Notice of appearance, Ewa Krajewska, Amy Wah and Jackie Esmonde will be appearing. Ms.Krajewska will present oral argument. | Income Security Advocacy Centre |
| 2018-04-10 | Notice of appearance, Graham Underwood and Kate Hamm will be appearing. Ms. Hamm will present oral argument. | Attorney General of British Columbia |
| 2018-04-10 | Notice of appearance, Brendon Pooran and Jennifer Macko will be appearing. Mr. Pooran will present oral argument. Request 2 reserved seats. | Canadian Association for Community Living |
| 2018-04-10 | Notice of appearance, Eileen Vanderburgh and Pauline Storey will be appearing. Ms. Eileen Vanderburgh will present oral argument. | Metro Vancouver Housing Corporation |
| 2018-04-10 | Notice of appearance, Michael Feder, Patrick D.H. Williams and Connor Bildfell will be appearing. Mr. Feder will present oral argument. Request 4 reserved seats. | S. A. |
| 2018-04-10 | Intervener's factum, (Book Form), Completed on: 2018-04-10 | Canadian Association for Community Living |
| 2018-04-10 | Intervener's factum, (Book Form), Completed on: 2018-04-10 | Council of Canadians with Disabilities |
| 2018-04-03 | Certificate of counsel (attesting to record) | Metro Vancouver Housing Corporation |
| 2018-04-03 | Respondent's book of authorities, (Book Form), Completed on: 2018-04-03 | Metro Vancouver Housing Corporation |
| 2018-04-03 | Respondent's record, (Book Form), Completed on: 2018-04-03 | Metro Vancouver Housing Corporation |
| 2018-04-03 | Respondent's factum, (Book Form), Completed on: 2018-04-03 | Metro Vancouver Housing Corporation |
| 2018-03-23 | Order on motion for leave to intervene, (BY JUSTICE KARAKATSANIS) | |
| 2018-03-23 |
Decision on the motion for leave to intervene, Ka, UPON MOTIONS by the Attorney General of British Columbia, the Canadian Association for Community Living and the People First of Canada (jointly), the Council of Canadians with Disabilities, the Income Security Advocacy Centre and the HIV & AIDS Legal Clinic Ontario (jointly) and the Disability Alliance BC Society for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said five (5) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length on or before April 11, 2018. The Attorney General of British Columbia, the Canadian Association for Community Living and the People First of Canada (jointly), the Council of Canadians with Disabilities, the Income Security Advocacy Centre and the HIV & AIDS Legal Clinic Ontario (jointly) and the Disability Alliance BC Society are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellant is granted permission to file a reply factum not to exceed five (5) pages in length, and the respondent is granted permission to file a reply factum not to exceed ten (10) pages in length on or before April 18, 2018. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2018-03-23 | Submission of motion for leave to intervene, Ka | |
| 2018-03-20 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-20 | Council of Canadians with Disabilities |
| 2018-03-16 | Notice of name | Council of Canadians with Disabilities |
| 2018-03-16 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-16 | Disability Alliance BC Society |
| 2018-03-16 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-16 | S. A. |
| 2018-03-15 | Response to the motion for leave to intervene, (Letter Form), Response to the Attorney General of British Columbia, Completed on: 2018-03-15 | Metro Vancouver Housing Corporation |
| 2018-03-15 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-03-15 | Metro Vancouver Housing Corporation |
| 2018-03-13 | Certificate (on limitations to public access) | Attorney General of British Columbia |
| 2018-03-13 | Notice of name | Attorney General of British Columbia |
| 2018-03-12 | Motion for leave to intervene, (Book Form), Completed on: 2018-03-13 | Attorney General of British Columbia |
| 2018-03-12 | Notice of name, (Letter Form) | Disability Alliance BC Society |
| 2018-03-12 | Motion for leave to intervene, (Book Form), Completed on: 2018-03-12 | Disability Alliance BC Society |
| 2018-03-12 | Notice of name, (Letter Form) | HIV & AIDS Legal Clinic Ontario |
| 2018-03-12 | Notice of name, (Letter Form) | Income Security Advocacy Centre |
| 2018-03-12 | Motion for leave to intervene, (Book Form), Completed on: 2018-03-12 | Income Security Advocacy Centre |
| 2018-03-12 | Notice of hearing sent to parties | |
| 2018-03-12 |
Appeal hearing scheduled, 2018-04-25 Judgment reserved |
|
| 2018-03-09 | Intervener's book of authorities, (Book Form), 1 copy missing (received on March 9, 2018), Completed on: 2018-03-16 | Council of Canadians with Disabilities |
| 2018-03-09 | Motion for leave to intervene, (Book Form), Notice of Name missing-rec'd 2018/03/16, Completed on: 2018-03-16 | Council of Canadians with Disabilities |
| 2018-03-09 | Notice of name, (Letter Form) | Canadian Association for Community Living |
| 2018-03-09 | Motion for leave to intervene, (Letter Form), Completed on: 2018-03-09 | Canadian Association for Community Living |
| 2018-02-12 | Certificate of counsel (attesting to record), (Letter Form) | S. A. |
| 2018-02-12 | Appellant's book of authorities, (Book Form), Completed on: 2018-02-12 | S. A. |
| 2018-02-12 | Appellant's record, (Book Form), New covers required, Completed on: 2018-02-12 | S. A. |
| 2018-02-12 | Appellant's factum, (Book Form), Completed on: 2018-02-12 | S. A. |
| 2017-12-18 | Notice of appeal, (Letter Form), Completed on: 2017-12-18 | S. A. |
| 2017-11-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-11-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-11-17 | Judgment on leave sent to the parties | |
| 2017-11-16 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to use initials in place of the applicant and family members’ names and to amend the style of cause accordingly is granted. The motion for a publication ban is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA43354 and CA43355, 2017 BCCA 2, dated January 6, 2017, is granted and costs are reserved to the panel on the appeal. Granted, with costs in the cause |
|
| 2017-11-16 |
Decision on the miscellaneous motion, see decision on application. Dismissed |
|
| 2017-11-16 |
Decision on motion to extend time to file and /or serve the leave application, see decision on application. Granted |
|
| 2017-07-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-07-31 | Submission of miscellaneous motion, for consideration by the Court | |
| 2017-07-31 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-06-09 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-06-09 | S. A. |
| 2017-05-31 | Notice of name, (Letter Form) | Metro Vancouver Housing Corporation |
| 2017-05-31 | Certificate (on limitations to public access), (Letter Form), 23B | Metro Vancouver Housing Corporation |
| 2017-05-31 | Certificate (on limitations to public access), (Letter Form), 23A | Metro Vancouver Housing Corporation |
| 2017-05-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-05-31 | Metro Vancouver Housing Corporation |
| 2017-05-02 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/05/02 | |
| 2017-05-01 | Certificate (on limitations to public access), (Letter Form), 23B | S. A. |
| 2017-05-01 | Certificate (on limitations to public access), (Letter Form), 23A | S. A. |
| 2017-05-01 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion for a publication ban, Completed on: 2017-05-01 | S. A. |
| 2017-05-01 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-05-01 | S. A. |
| 2017-05-01 | Application for leave to appeal, (Book Form), Completed on: 2017-05-01 | S. A. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| A., S. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Metro Vancouver Housing Corporation | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Canadian Association for Community Living | Intervener | Active |
| People First of Canada | Intervener | Active |
| Council of Canadians with Disabilities | Intervener | Active |
| Income Security Advocacy Centre | Intervener | Active |
| HIV & AIDS Legal Clinic Ontario | Intervener | Active |
| Disability Alliance BC Society | Intervener | Active |
Counsel
Party: A., S.
Counsel
Michael A. Feder
Patrick Williams
Patrick Williams
McCarthy Tétrault LLP
Suite 2400, 745 Thurlow Street
Vancouver, British Columbia
V6E 0C5
Telephone: (604) 643-5983
FAX: (604) 622-7900
Email: mfeder@mccarthy.ca
Suite 2400, 745 Thurlow Street
Vancouver, British Columbia
V6E 0C5
Telephone: (604) 643-5983
FAX: (604) 622-7900
Email: mfeder@mccarthy.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Metro Vancouver Housing Corporation
Counsel
Eileen E. Vanderburgh
Rachel Schechter
Rachel Schechter
Alexander Holburn Beaudin & Lang LLP
P.O. Box 10057
2700-700 West Georgia Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 688-1351
FAX: (604) 669-7642
P.O. Box 10057
2700-700 West Georgia Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 688-1351
FAX: (604) 669-7642
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Disability Alliance BC Society
Counsel
Geoffrey W. White
Amy Mortimore
Amy Mortimore
Clark Wilson LLP
900-885 West Georgia Street
Vancouver, British Columbia
V6C 3H1
Telephone: (604) 891-7751
FAX: (604) 687-6314
Email: gwhite@cwilson.com
900-885 West Georgia Street
Vancouver, British Columbia
V6C 3H1
Telephone: (604) 891-7751
FAX: (604) 687-6314
Email: gwhite@cwilson.com
Agent
David P. Taylor
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 691-0368
FAX: (613) 688-0271
Email: dtaylor@conway.pro
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 691-0368
FAX: (613) 688-0271
Email: dtaylor@conway.pro
Party: Canadian Association for Community Living
Counsel
Brendon Pooran
Jennifer Macko
Jennifer Macko
PooranLaw Professional Corporation
400-1500 Don Mills Road
Toronto, Ontario
M3B 3H4
Telephone: (416) 860-7572
FAX: (416) 860-7577
Email: bpooran@pooranlaw.com
400-1500 Don Mills Road
Toronto, Ontario
M3B 3H4
Telephone: (416) 860-7572
FAX: (416) 860-7577
Email: bpooran@pooranlaw.com
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: People First of Canada
Counsel
Brendon Pooran
Jennifer Macko
Jennifer Macko
PooranLaw Professional Corporation
400-1500 Don Mills Road
Toronto, Ontario
M3B 3H4
Telephone: (416) 860-7572
FAX: (416) 860-7577
Email: bpooran@pooranlaw.com
400-1500 Don Mills Road
Toronto, Ontario
M3B 3H4
Telephone: (416) 860-7572
FAX: (416) 860-7577
Email: bpooran@pooranlaw.com
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Council of Canadians with Disabilities
Counsel
Dianne Wintermute
Luke Reid
Luke Reid
ARCH Disability Law Centre
55 University Avenue
15th Floor
Toronto, Ontario
M5J 2H7
Telephone: (416) 482-8255
FAX: (416) 482-2981
Email: wintermd@lao.on.ca
55 University Avenue
15th Floor
Toronto, Ontario
M5J 2H7
Telephone: (416) 482-8255
FAX: (416) 482-2981
Email: wintermd@lao.on.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Income Security Advocacy Centre
Counsel
Ewa Krajewska
Borden Ladner Gervais LLP
22 Adelaide Street West
Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6244
FAX: (416) 367-6749
Email: ekrajewska@blg.com
22 Adelaide Street West
Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6244
FAX: (416) 367-6749
Email: ekrajewska@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: HIV & AIDS Legal Clinic Ontario
Counsel
Ewa Krajewska
Borden Ladner Gervais LLP
22 Adelaide Street West
Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6244
FAX: (416) 367-6749
Email: ekrajewska@blg.com
22 Adelaide Street West
Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6244
FAX: (416) 367-6749
Email: ekrajewska@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Attorney General of British Columbia
Counsel
Jonathan Eades
Kate Hamm
Kate Hamm
Attorney General of British Columbia
1001 Douglas Street, 3rd floor
Legal Services Branch
Victoria, British Columbia
V8W 9J7
Telephone: (250) 387-2789
FAX: (250) 953-3557
Email: jonathan.eades@gov.bc.ca
1001 Douglas Street, 3rd floor
Legal Services Branch
Victoria, British Columbia
V8W 9J7
Telephone: (250) 387-2789
FAX: (250) 953-3557
Email: jonathan.eades@gov.bc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
Contracts - Interpretation - Breach - Trusts - Whether the assets held in a discretionary trust are the assets of a trust beneficiary when determining entitlement to social assistance benefits under the respondent’s Asset Ceiling Policy.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The appellant is a 56 year old woman with disabilities and cannot work. She receives benefits pursuant to the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41. She is the sole beneficiary of a discretionary trust set up through a variation of her deceased father’s will by court order dated 2012 (the “Trust”), of which she and her sister are co-trustees. The respondent (“MVHC”) operates non-profit subsidized housing facilities in Vancouver, including the place where the appellant has resided since 1992. In addition to providing affordable housing, MVHC has an additional rental assistance program. Due to its policy of precluding subsidized rent to persons with assets greater than $25,000, MVHC demanded the appellant provide information about the Trust, including the amount held in trust. When she refused, she was informed that her subsidized rent would end. She has paid the rent differential under protest.
The appellant brought a petition for a declaration that the Trust is not an asset for the purposes of determining her subsidized rent, and for reimbursement of the additional amount she has paid. MVHC brought a petition seeking declarations that the disclosure of financial information to qualify for subsidized rent requires the disclosure of beneficial interests in assets, including the Trust, and that MVHC is contractually entitled to that financial information. The British Columbia Supreme Court dismissed the appellant’s petition and allowed MVHC’s petition. The British Columbia Court of Appeal dismissed the appeals.
Lower court rulings
December 3, 2015
Supreme Court of British Columbia
S155776, 2015 BCSC 2260
Supreme Court of British Columbia
S155776, 2015 BCSC 2260
Applicant’s petition dismissed, Respondent’s petition granted
January 6, 2017
Court of Appeal for British Columbia (Vancouver)
2017 BCCA 2, CA43354, CA43355
Court of Appeal for British Columbia (Vancouver)
2017 BCCA 2, CA43354, CA43355
Appeals dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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Date modified: 2025-02-27