Case Chronology and Court Proceedings — Birkus v. IFRC & CLBC (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.
Participants · Timeline · How to Help
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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. Paul G. — Executive Director 2. Hilary C. — Executive Assistant to the Executive Director; Director of Quality Assurance 3. Staci S. — Director of Direct-Funded Programs and Client Services |
| CLBC |
1. Marina Goodwin — Counsel for the Defendant (CLBC); Legal Counsel, Civil Litigation, Legal Services Branch, Ministry of Attorney General, BC. 2. May Chan — Counsel for the Defendant, Community Living British Columbia (CLBC), Legal Services Branch, Ministry of Attorney General, BC; counsel of record on the materials including the affidavit electronically stamped 06-Oct-2025. 3. Cory R. Bargen — Legal Counsel, Civil Litigation, Legal Services Branch, Ministry of Attorney General, BC (Application to a Judge or Justice filed 20-Oct-2025). 4. Emma Thomas — Legal Counsel, Legal Services Branch, Ministry of Attorney General, BC; counsel of record on the affidavit electronically stamped 25-Sep-2025. 5. Stephen Hall — Director, Quality Services; CLBC Representative and deponent on the affidavit electronically stamped 06-Oct-2025. 6. T. V. — Paralegal, Legal Services Branch, Ministry of Attorney General, BC (assisting CLBC counsel, including in connection with the materials filed in September–October 2025). 7. N. L. — Articling Student, Legal Services Branch, Ministry of Attorney General, BC. 8. F. H. — Articling Student, Legal Services Branch, Ministry of Attorney General, BC. 9. R. B. — Articling Student, Legal Services Branch, Ministry of Attorney General, BC. |
|
| 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 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) and session (19 Nov 2025) 6. Honourable Judge Timothy Hinkson — hearing on 02 Oct 2025 |
“Senior counsel and decision-makers are listed by full name. Where appropriate, junior staff may be identified by first name and initial only. 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 Adjournments Forms 17/39 Court decisions Refused/dismissed requests
| 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:
|
| 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 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.” |
| 26 November 2024 |
Court directions:
|
| 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:
|
| 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. |
| 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) |
| 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
2. March hearing (27.03.2025) — CLBC/IFRC
3. Attempt to adjourn the May hearing (set for 30.05.2025) — CLBC
4. IFRC — Form 17 dated 28.05.2025 (request to adjourn for two months)
5. Overall pattern
|
| 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 application: “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”):
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:
|
| 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:
|
| 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:
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. |
| 7 November 2025 | Adjournment on IFRC request; hearing rescheduled to 19 Nov 2025 (MS Teams) — On short notice, IFRC advised it had a previously scheduled, business-critical engagement; in-person attendance would be costly (airfare, hotel, and related travel expenses). Result: the appearance is moved to 19 November 2025 and will proceed online via MS Teams for IFRC. |
| November 12, 2025 |
Scope of the December 15, 2025 hearing clarified (Judge Denhoff).
The Richmond Small Claims Registry confirmed in writing that the one-hour hearing on
December 15, 2025 at 2:00 PM (Judge Denhoff) is scheduled to address the following
materials in file RMD-P-C-30698:
October 23, 2025 — the Court ordered that the audio recording of the July 21, 2025
settlement conference be unsealed for transcription and that the transcript be provided
to the parties and placed on the court file for use at the December 15, 2025 hearing.
|
| November 19, 2025 | Hearing – notice/attendance issues (see entry for 27 October 2025). The Court heard the Claimants’ application regarding missing notice and remote participation/attendance episodes (as summarized in the 27 October 2025 entry) and dismissed all three requests. |
| Nov 13 – Dec 5, 2025 |
Procedural applications re identity/status of CLBC counsel and updated Address for Service (Forms 17 & 38).
Basis for the Nov 24, 2025 Form 17: The current Form 38 (filed Feb 21, 2025) lists service via Legal Services Branch only. Since then, additional counsel (Cory Bargen, Emma Thomas, May Chan) have filed materials but are not listed on the existing Form 38, creating uncertainty about who is designated to receive service under Rule 6. Therefore, an updated Form 38 is requested to identify all counsel and the correct service email.
|
| 21 November 2025 | Despite multiple written and oral requests from the Claimants, the Court Registry was unable to provide any court-filed order, direction, or other documentation explaining the reasons for IFRC’s non-attendance on 02 October 2025 or its remote participation on 23 October 2025, or otherwise clarifying the Defendants’ participation format/attendance for those dates. |
| December 2, 2025 | Receipt of transcript “ORAL REASONS FOR JUDGMENT of the Honourable Judge K. Denhoff”. On this date the Claimants were provided with a document entitled “ORAL REASONS FOR JUDGMENT of the Honourable Judge K. Denhoff” in file C-30698, consisting of three pages of text plus a cover page and a list of appearances (five pages in total). Based on its form and timing, this transcript appears to be the document contemplated by the Court’s order of October 23, 2025 unsealing the audio recording of the July 21, 2025 settlement conference for transcription and distribution to the parties. The substantive contents of the transcript are not summarized in this chronology. |
| December 4, 2025 | An Application to a Judge (Form 17) by the Claimants has been filed with the Court requesting directions regarding the confidentiality and permitted use (including citation and publication) of the transcript titled “ORAL REASONS FOR JUDGMENT…” (Settlement Conference of July 21, 2025). If any part is confidential, the Claimants seek an order specifying what may and may not be referred to publicly. |
| December 4, 2025 | Notice of Simplified Trial – File No. 31358 (Birkus v. Fraserside Community Services Society). The Court issues a Notice of Simplified Trial (claim under $10,000), setting the trial for April 24, 2026 at 9:30 a.m. in Courtroom 103, Richmond Provincial Court, 7577 Elmbridge Way, Richmond, BC. |
| December 4, 2025 | The Claimants file an Application to a Judge (Form 17) requesting that CLBC reimburse their interpreter expenses (CAD 1,070.00) for the July 21, 2025 settlement conference and the subsequent five hearings, which the Claimants say occurred because CLBC sought to enforce the terms of a settlement and release that they had declined to sign. |
| December 9, 2025 | Ruling on the Claimants’ December 4, 2025 Application to a Judge regarding the confidentiality of the July 21, 2025 settlement conference transcript. The Court directs that all transcripts of that settlement conference must remain confidential and may only be shared with the Court and legal counsel. |
| December 15, 2025 |
Hearing on CLBC’s October 6, 2025 application and the Claimants’ December 4, 2025 application.
|
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.
Hearing – notice/attendance issues (see entry for 27 October 2025). The Court heard the Claimants’ application and dismissed all three requests.