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Help Andrea continue her fight

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More than 3 years after it started, the saga continues. You helped us two years ago initially raise $1851 when we were struggling. We were able to retain a lawyer to get started with defending ourselves. Since then, we have continued to be able to afford legal advice by taking out loans, maxing out credit cards and our lines of credit. All in hopes that when this was over, we'd be reimbursed when we had won.

We have now exhausted every option we have and can no longer borrow since we've trashed our credit score due to over extending ourselves in this defense. Sadly, we're being forced to pay our lawyer more to defend against another malicious claim by the strata corporation.

At the end of December 2022, the strata corporation came to us looking to settle out of court. We were willing to talk and negotiate a settlement but in early January 2023, they decided to request the case be dismissed instead. This is because the BC HRT had provided a February 2023 date for the tribunal, which started a clock in which they could request the whole case be dismissed. The only way they could do this was by providing new evidence and reasons why they felt it should be dismissed. They do not have to prove their claim at this time, so they created a false claim and the request was granted. So now we have to defend ourselves by explaining why the Tribunal should continue, to avoid it being dismissed.

In our response to the dismissal application, we’ll be asking for costs from the strata corporation for making Andrea expend further resources to defend her action, despite the strata corporation already knowing the facts (which it is relying on to have her matter dismissed) before the evidence disclosure stage concluded. We will be arguing that this application is a frivolous and vexatious claim.

The BC HRT does have a section on their website that states they frown upon a party being untruthful with respect to the “central aspects of the complaint." You can view that information further here: http://www.bchrt.bc.ca/law-library/leading-cases/costs.htm

This claim can easily be proven false but unfortunately, it requires our lawyer to write up the defense to object to the dismissal request. The quoted cost is $2800, but it's more money we currently don't have. I don't want to ask for help, I have to. This whole thing is bending us, but we don't want to break. We are asking again, and I'm sorry we are. We also understand if you can't offer help monetarily but we'll always accept your support. We either ask for help or have to give up and be massively in debt with nothing to show for it.

Thank you for taking the time to read this, and thank you even more if you can contribute. Once we make it past this point, we should see a court date in the next month or so. Our deadline to submit our documentation is March 29th, 2023.

<3
Andrea, Nick & Buttons "The Wonder Dog"
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    Organisator

    Nick Daniels
    Organisator
    Chilliwack, BC

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