Case Chronology and Court Proceedings — Birkus v. IFRC & CLBC (BC Small Claims, Case Nos. 30698 & 31358)

Caregivers — Former Home Sharing Providers vs. Agencies overseen by Community Living British Columbia (CLBC)

Independent chronology of ongoing BC Small Claims cases (Nos. 30698 & 31358) involving IFRC and CLBC; purpose — transparency and support for certified-interpreter and court-document costs.

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Note: 24/7 support was provided by a live-in caregiver in the claimant’s rented residence (not owned by the caregiver).

Participants in Proceedings (Cases No. 30698 and No. 31358)

Role	Subsection	Participants
Claimants		1. Viktor Birkus — Caregiver — Former Home Sharing Provider 2. Maryna Birkus — Caregiver — Former Home Sharing Provider
Defendants (Case No. 30698)		1. Individualized Funding Resource Center Society (IFRC) — Defendant 2. Community Living BC (CLBC) — Third Party
Representatives of Defendants in Case No. 30698	IFRC	1. P. G. — Executive Director 2. H. C. — Executive Assistant to the Executive Director; Director of Quality Assurance 3. S. S. — Director of Direct-Funded Programs and Client Services
	CLBC	1. M. G. — Legal Counsel 2. N. L. — Articling Student 3. F. H. — Articling Student 4. R. B. — Articling Student 5. S. H. — Director, Quality Services; CLBC Representative 6. T. V. — Paralegal (affidavit)
Defendant (Case No. 31358)		1. Fraserside Community Services Society — Defendant
Judges Involved in Case No. 30698		1. Honourable Judge Craig — settlement conference (26 Nov 2024) 2. Honourable Judge Raven — procedural directions/scheduling (incl. 27 Mar 2025; 30 May 2025) 3. Honourable Judge Denhoff — settlement conference (21 Jul 2025) and a scheduled 30-minute session (23 Oct 2025) 4. Honourable Judge Vandor — referral to JCM (28 Aug 2025) 5. Honourable Judge Lee — JCM Fix Date on the claimant’s application (03 Sep 2025) 6. Honourable Judge Timothy Hinkson — hearing on 02 Oct 2025

“Staff/junior personnel are abbreviated (first name + initial / initials only) to minimize personal identification. Any evaluative statements reflect the claimants’ position and are based on publicly filed materials.”

Procedural Timeline — Birkus v. IFRC & CLBC (BC Small Claims, Files 30698 & 31358)

Legend: Orders/Directions Hearings/JCM Settlement Adjourn/Denied Forms 17/39

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Date	Event
November 2020	Contract signed with Strive Living Society (an agency overseen by CLBC) for round-the-clock (24/7) services of a live-in home caregiver in the claimant’s rented residence for an adult client with a disability. Payments from CLBC flowed via Strive.
December 2022	CLBC authorizes searching for a new agency and a transfer because: (1) the CLBC client was dissatisfied with the quality of services provided by Strive; (2) the live-in caregiver was dissatisfied with cooperation with Strive.
February 2023	Transfer to Individualized Funding Resource Center (IFRC) Society (agency overseen by CLBC); payments from CLBC routed via IFRC. Complaints to CLBC were filed about the low quality of services provided to the client and about alleged unlawful withholding from caregiver payments, as well as about certain clauses proposed by IFRC.
August 2023	IFRC issues a notice of termination; termination set for 30 Sep 2023.
November 2023	Last month of CLBC funding via IFRC for 24/7 support in the claimant’s rented residence, despite the caregiver’s continued, forced 24/7 support for the CLBC client.
November 2023 — 18 April 2024	Provision of 24/7 support in the claimant’s rented residence without payment or support from CLBC or IFRC.
April 2024	A new agreement is signed with Fraserside Community Services Society (agency overseen/managed by CLBC); CLBC payments for the caregiver’s services resume.
8 July 2024	The claimant files a claim in BC Provincial Court (Small Claims) against IFRC seeking payment of arrears for services for 01 Dec 2023 – 18 Apr 2024. File No. 30698.
22 July 2024	IFRC files a counterclaim: director’s expenses $2,288 (airfare, accommodation, car rental, fuel, meals). “The requested funds belong to Community Living BC (CLBC), a provincial Crown corporation… CLBC removed the claimant from its contract with IFRC on 30 November 2023. IFRC had no contractual obligations to the claimant and provided short-term services…”
26 November 2024	Court directions: The claimant must arrange a certified interpreter for all further appearances. The claimant must have stable internet for videoconference hearings. Within two weeks the defendant must either file an application to dismiss the claim or add CLBC as a third party; if CLBC is added — a new settlement conference after service. For 20 Jan 2025 — schedule a 2-hour hearing or another settlement conference. If a dismissal application is filed — set the matter for trial; a Trial Preparation Conference will precede trial.
10 December 2024	IFRC position to the court (excerpts): “The claimant allegedly lacks evidence or grounds… CLBC returned the file after the claimant refused to sign our mandatory agreement… Negotiations ended on 30.11.2023 after 74 days’ notice. We are not responsible for any compensation after 30.11.2023.”
29 January 2025	The claimant amends the Notice of Claim to include an income-tax component (as potential harm if paid as a lump sum) and adds grounds: Breach of notice requirements and negligence by the Defendant. Failure to provide transition support; the claimant was forced to render unpaid assistance. Breach of termination arrangement (requests to continue services after the agreed end date). Negligence and abandonment: the Defendant left a client with a disability without adequate supervision and support during a crisis. Unpaid remuneration for Dec 2023 – Apr 2024.
3 February 2025	IFRC clarifications (Form 39 attachment, excerpts): “Notice of termination — 105 days… The claimant and the adult had complete freedom to leave the residence or end their relationship; they could have requested a CLBC transfer after 30.11.2023… The adult autonomously decided to remain… The claimant refused to sign the contract (WorkSafeBC account requirement)… Home-share payments are tax-exempt; Level 4B: $2,370/month + $500/month = $2,870/month.” — (per IFRC filing)
Early February 2025	The defendant declines to add CLBC as a third party (despite the 26.11.2024 court direction). The court recommends that the claimant add CLBC.
5 February 2025	Court order: the claimant is given one week to add CLBC as a third party; parties are adjourned to a JCM Fix Date — 10 Feb 2025, 14:30 (Honourable Judge Raven) to reschedule the 2-hour application hearing.
10 February 2025	The claimant files an updated claim adding CLBC (third party) and increasing the amount (including interpreter expenses). “The Defendant asserts that the claimant must bring claims against CLBC, which is responsible for payment for the work performed and for costs. The Defendant’s role is to ensure that home-share providers meet CLBC standards, acting solely as an intermediary managing financial flows and ensuring stable payments on behalf of CLBC. Pursuant to the Richmond Provincial Court order of 5 Feb 2025, CLBC’s participation is necessary for a fair resolution…”
14 February 2025	The claimant files (Form 39) “Justification for Involving CLBC as a Third Party” — a written rationale with detailed reasons and references to the case record.
27 March 2025	Order by Honourable Judge Raven: all three parties must attend a settlement conference; adjourned to 31.03.2025 to set the date before the JCM.
31 March 2025	Scheduling via JCM (organizational steps and subsequent correspondence).
7 April 2025	Letter to Registry after the 31.03.2025 JCM session. The claimant indicated the JCM had set a hearing on the defendants’ application for 30.05.2025, and a settlement conference for 02.07.2025, which might contradict the judge’s direction; the claimant requested correction.
14 April 2025	Registry response: Honourable Judge Raven had directed the Registry to set a settlement conference (without specifying a date), so it was scheduled on the next available date; any objections to the 30.05.2025 hearing date could be raised with the judge on that date.
14 April 2025 (additional note)	Registry also confirms that Honourable Judge Raven did not instruct that a hearing proceed before a settlement conference; the dates were set at JCM’s discretion.
29 May 2025	Form 39 (claimants’ complaint) about alleged procedural non-compliance by IFRC and CLBC: late/defective filings, less than 7 days’ notice (contrary to Rule 16), formatting errors, and attempts to adjourn without proper SCL 016/017 forms. 1. February hearing (set for 05.02.2025) — IFRC Filing: 03.02.2025 (2 days before the hearing). Service on Claimants: 04.02.2025 (< 24 hours before). Breach: 7-day notice (Rule 16). 2. March hearing (27.03.2025) — CLBC/IFRC “Supporting materials” filed: 26.03.2025 (1 day before). Service on Claimants: morning of 27.03.2025 (same day). Defects: CLBC mis-labelled as “Defendant”; third party inserted then visually hidden. Breaches: 7-day notice + improper formatting. 3. Attempt to adjourn the May hearing (set for 30.05.2025) — CLBC “Supporting materials” with adjournment request: 27.05.2025 (3 days before). Service on Claimants: 28.05.2025 (2 days before). Adjournment forms: SCL 016/017 not on file at that time. Styling errors: CLBC again listed as “Defendant”; claimants’ non-consent not reflected. Breaches: missed 7-day deadline + missing required forms + formatting defects. 4. IFRC — Form 17 dated 28.05.2025 (request to adjourn for two months) Filing: 28.05.2025 (2 days before the 30.05.2025 hearing). Basis: vague reference to potential settlement (insufficient). Breaches: 7-day notice (Rule 16(4)) + lack of substantive grounds. 5. Overall pattern At least 4 instances of lateness/defects over 4 months. Consequences: limited ability of the Claimants to prepare/present; added costs (interpretation, travel, parking); undermining procedural fairness.
30 May 2025	At the JCM session on IFRC’s request to exit the case, Honourable Judge Raven cancels the application hearing and sets a settlement conference for 21.07.2025 (in view of adding CLBC).
21 July 2025	Settlement conference before Honourable Judge Denhoff (content of discussions is not disclosed).
7 August 2025	Claimant’s Form 17: Request to set the matter for trial on the merits because no signed settlement followed the settlement conference. “Respondents declined to confirm their earlier written and oral statements about tax-exempt treatment of payments to a home provider and applying that principle analogously to this settlement…”
18 August 2025	Separate claim against Fraserside (No. 31358) for arrears for 18.04.2024–17.04.2025. Fraserside did not provide a countersigned new agreement; the claimant demanded either immediate relocation of the client or a countersigned contract; absent a signed contract, the claimant agreed to continue services at CAD 300/day until relocation.
28 August 2025	CLBC files Form 17: “CLBC seeks a further settlement conference before Honourable Judge Denhoff to confirm the terms of the 21.07.2025 settlement (including tax-treatment) and to issue an order ensuring performance of those terms (Small Claims Act, s. 2(1)).” Honourable Judge Vandor directs the parties to a JCM Fix Date on 08.09.2025, 14:30 (MS Teams, Richmond) to set a date.
29 August 2025	IFRC requests to move the JCM Fix Date (team members on leave without internet access). The same day, CLBC circulates a judge-signed Form 17 (28.08) and an order: the JCM session is rescheduled to 15.09.2025, 14:30 (MS Teams, Richmond) — to arrange a further settlement conference.
2 September 2025	Claimant’s Form 17 (02.09.2025): Requests: cancel a third settlement conference; restore the 02.10.2025 trial date or set an earlier date; interpreter costs for redundant settlement meetings to be borne by the respondents; employee vacations not treated as grounds for adjournment. Basis: first SC — 26.11.2024 (Honourable Judge Craig); second SC — 21.07.2025 (Honourable Judge Denhoff); after the change of position on tax-treatment — request to set trial.
3 September 2025	Honourable Judge Lee sets a JCM Fix Date on 15.09.2025, 14:30 (MS Teams) on the claimant’s 02.09 Form 17: “This application for the orders sought require a hearing. This application must be served on the Defendant and Third Party (Rule 16(6.3).”
4 September 2025	Service on both respondents is confirmed for the 15.09.2025 JCM appointment on the claimant’s 02.09 application.
15 September 2025	At the JCM session, the JCM announces the purpose is to set an appearance before Honourable Judge Denhoff to “confirm the terms of an Order” following the prior settlement conference (the term “Order” is used; no copy was provided to the claimant). The claimant’s objections that the 02.09 application must be heard are effectively declined; the respondent is heard as saying it is not yet scheduled; in effect, scheduling proceeds on the IFRC 29.08 request. The JCM states that the 02.09 application is postponed to an un-scheduled conference date and refers to the existence of a judge’s “morning order/instructions” (copies not provided). The format is changed to a 30-minute, non-conference appearance with Honourable Judge Denhoff to “confirm terms” discussed at the settlement conference. The claimant is told to seek the Order via the Registry/judge.
17 September 2025	Form 17: the claimant files a complaint about a possible excess of authority by the JCM and unilateral scheduling in favour of the respondent (CLBC); request to vacate the JCM’s decision as contrary to Honourable Judge Lee’s order.
18 September 2025	Form 39: detailed account of the 15.09 events and a reference to a prior scheduling incident. Notice: a hearing is set for 23.10.2025, 14:00 (Robson Square). The subject of the hearing is not clear from the notice.
2 October 2025	The claimants appeared in person in the courtroom as directed; however, the hearing was conducted online before Honourable Judge Timothy Hinkson. For reasons unknown to the claimants, CLBC appeared remotely; IFRC did not appear; the claimants were not informed of this format/appearance. The matter set for 14:00 was heard last, approximately 16:00–16:30. What the claimants requested (Form 17 of 02.09 marked “requires a hearing”): set a standalone hearing on Form 17; confirm that the JCM is not permitted — relying on unconfirmed, unknown-to-claimants “morning” directions/“order” and consultations — to change the subject/format of the Form 17, move it to an un-scheduled conference, or set only a 30-minute appearance; set adequate time (60–90 minutes) with consecutive interpretation; disclose/clarify whether a judicial Order on adjournments/postponements exists (by whom/when), which the JCM referenced as reviewed on the morning of 15 Sep; confirm in writing the absence of ex parte communications. Outcome: The court denied the claimants’ requests, noting the procedural role of JCMs as judicial officers; it indicated that disputed issues could be raised on the session of 23.10.2025 before Honourable Judge Denhoff. Outstanding points: whether the JCM had authority, citing a “morning order” and “directions after consultation,” to override Honourable Judge Lee’s 03.09 scheduling (JCM Fix Date on 15.09 on Form 17, with no requirement for a conference) and re-route to a “conference,” then set a 30-minute meeting at the respondent’s request; why on 15.09 the application advanced was the respondent’s 29.08 request (“to settle the terms of the agreement”), not the claimant’s 02.09 Form 17 (service confirmed by the Registry); whether a judicial Order exists or this was a Settlement Conference Record — and if an Order exists, by whom/when and its content, given the JCM’s reference to having reviewed it on the morning of 15 Sep; with whom the JCM consulted (Honourable Judges Vandor/Denhoff, a person named “Rud,” etc.) and whether any ex parte contacts occurred.
6 October 2025	Despite the absence of signed Release and Consent Dismissal documents, on October 6, 2025 the CLBC filed (registered) a Form 17 application requesting the court to: Request (quoted): “The defendant CLBC seeks an Order, pursuant to Rule 16(6)(o) of the Small Claims Rules and at the hearing of this application set for October 23, 2025, confirming the terms of a settlement agreement reached on July 21, 2025 and requiring the Claimants to execute those terms within 14 days, absent which the Claimants’ claim will be dismissed.” The application states (hearing notice): “This application, which requires a hearing, will be heard by the court on Oct/23/2025 at 2:00 pm, in person, at Robson Square Provincial Court, 800 Hornby St, Vancouver, BC.” Attachments to the Form 17: An affidavit by the Director, Quality Services (CLBC Representative), stating that he did not hear certain statements at the settlement conference, and attaching a page from one version of the draft contract that the defendant IFRC proposed for signature. An affidavit by a CLBC paralegal dated September 25, 2025, which had previously been filed for the October 2, 2025 hearing and to which the Claimants filed objections on September 29, on the basis that the paralegal did not attend the confidential settlement conference and any details described could only have been learned second-hand.
23 October 2025	Session set for Oct 23, 2025 at 2:00 pm (in person) at Robson Square Provincial Court, 800 Hornby St, Vancouver, BC, before Honourable Judge Denhoff (to address CLBC’s 06 Oct request). The defendant CLBC seeks an Order, pursuant to Rule 16(6)(o) of the Small Claims Rules, confirming the terms of the July 21, 2025 settlement agreement and requiring the Claimants to execute those terms within 14 days, failing which the Claimants’ claim will be dismissed.
23 October 2025	Order: The Court orders that the audio recording of the Settlement Conference held on July 21, 2025 before the Honourable Judge Denhoff shall be unsealed for transcription and that a copy of the transcript shall be given to the Claimants and Defendant, CLBC, as well as a copy for the file for the presiding judge at the next court appearance. Parties are adjourned before the Judicial Case Manager October 27, 2025 at 2:30 PM to fix a date for a one hour Application. Judge Denhoff is not seized and this application may be heard before any provincial court judge sitting at Richmond Provincial Court.
27 October 2025	Hearing – Court File No. 30698 set for Dec 11, 2025 at 2:00 pm — notice/attendance issues: Record in the court file the episodes where the Claimants did not receive a court-filed order/direction or official notice regarding the Defendants’ participation format/attendance: Oct 2, 2025 (CLBC — remote; IFRC — not present) and Oct 23, 2025 (IFRC — remote). Direct the parties that, going forward in this proceeding, they must timely serve each other with any court-filed order/direction or official notice regarding participation format/attendance. Direct the Registry and/or the Defendants to provide the Claimants, within a reasonable time, any existing documents or information evidencing the Defendants’ requests and the Court’s permissions concerning the above episodes, by email or to the email address on file with the Court. Episode context: 02-Oct — CLBC appeared remotely; IFRC did not attend; Claimants had no corresponding documents/notice. 23-Oct — IFRC appeared remotely; Claimants had no documents/notice authorizing remote participation. Procedural effect: one-sided communications and delayed notice hinder planning and preparation, placing self-represented Claimants at a disadvantage.
27 October 2025	Hearing – Court File No. 30698 set for Dec 15, 2025 at 2:00 pm (Courtroom 107) — to determine whether the Settlement Conference Record accurately reflects the actual settlement terms as will be reflected in the conference transcript being prepared by order of the court, and to consider the parties’ substantive objections.

Disclaimer: This chronology is for informational purposes, based on publicly filed court materials and the parties’ filings. Any evaluative statements are identified as the claimants’ position. This publication does not provide legal advice and does not seek to influence the court or address participants outside the court process.