Case Chronology and Court Proceedings — Birkus v. IFRC & CLBC (No. 30698) and Birkus v. Fraserside (No. 31358)
Court Proceedings — Public Chronology
Former Home Sharing Providers — Proceedings involving Community Living British Columbia (CLBC) and service agencies
A public chronology prepared by the Claimants, based on court filings, judicial orders, registry correspondence, and clearly identified personal accounts of proceedings. This record is maintained to document both cases and to keep the public, including those who have provided financial support, informed about significant developments and outcomes.
CASE No. 30698
Trial stage concluded
CAD 15,205.10
Net amount after a CAD 1,310.63 penalty against the Claimants under Small Claims Rule 20(5) was deducted from the CAD 16,515.73 court award. Court-related expenses, including interpretation, were only partly reimbursed.
CASE No. 31358
Trial postponed — no new date set
The trial scheduled for 13 November 2026 was cancelled and is awaiting rescheduling. The jurisdiction issue remains unresolved.
Support interpretation — Case No. 31358Support and Acknowledgements
The Claimants sincerely thank everyone who contributed toward interpreter expenses for Case No. 30698. A total of CAD 1,000 was raised for that case.
Case No. 31358 is a separate proceeding. A new fundraising calculation is being prepared solely for certified interpreter expenses in that case. Contributions raised specifically for Case No. 31358 so far: CAD 0. See the separate interpreter-support section.
Support Case No. 31358
Certified interpreter expenses onlyThis is a new, separate fundraising effort to help pay for a certified interpreter when the postponed trial in Case No. 31358 is rescheduled. Funds previously raised for Case No. 30698 are not counted toward this case.
Case Background — What Happened?
Case No. 30698 — CLBC and IFRC
This dispute concerns contractual obligations and payments arising from Home Sharing services. The Court awarded CAD 13,106.34 in principal, CAD 1,250.50 in pre-judgment interest, and CAD 2,158.89 in court fees and expenses, totalling CAD 16,515.73. After the CAD 1,310.63 Rule 20(5) penalty assessed against the Claimants was set off, the net amount was CAD 15,205.10. Some interpreter expenses were not reimbursed.
Case No. 31358 — Fraserside
This separate dispute concerns the terms and termination of a Home Sharing arrangement and related payment claims. The trial previously scheduled for 13 November 2026 was cancelled, with no replacement date confirmed as of 28 October 2026. A jurisdictional issue also remained outstanding.
Context: 24/7 support was provided by a live-in caregiver in the Claimant's rented residence (not owned by the caregiver).
About This Record
This chronology is compiled and maintained by the Claimants; it is not an official court transcript or a registry-maintained record. Court filings, orders, and registry correspondence are distinguished from clearly identified personal accounts of proceedings. Where available, entries link directly to supporting documents.
The underlying court documents should be consulted for the precise terms of any order or procedural ruling. The chronology may be updated when additional records or developments become available.
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) — Defendant |
|
| 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) |
Fraserside Community Services Society — Defendant 1. Eric M. Ito — Counsel for the Defendant 2. Joshua B. Ghatak — Counsel for the Defendant |
|
| Witness for the Defendant (Case No. 31358) | Fraserside | Mars Riad — Former Home Share Coordinator of Fraserside; identified as the Defendant's witness in the Trial Statement dated 16 July 2026 (Section D, p. 6). |
| Judges Involved in Case No. 30698 |
1. Honourable Judge B. Craig —
Settlement Conference (26 Nov 2024)
;
hearing and trial directions (15 Dec 2025)
;
Second Pre-Trial Conference (18 Sep 2026)
,
when the trial was reduced to one and a half days.
2. Honourable Judge Raven — Court Order (5 Feb 2025) ; procedural directions (27 Mar 2025) ; hearing and scheduling (30 May 2025) . 3. Honourable Judge Denhoff — Settlement Conference (21 Jul 2025) ; subsequent court session (23 Oct 2025) . 4. Honourable Judge Vandor — referral to Judicial Case Management (28 Aug 2025) . 5. Honourable Judge Lee — Judicial Direction and JCM Fix Date (3 Sep 2025) ; subsequent court session (19 Nov 2025) . 6. Honourable Judge Timothy Hinkson — hearing and Court Order (2 Oct 2025) . 7. Honourable Judge D. Mah — Order on IFRC's adjournment application and striking of the Claimants' scheduled hearing (29 Aug 2025) ; direction concerning the Claimants' Form 17 hearing (28 Oct 2025) ; First Pre-Trial Conference (4 Sep 2026) ; Trial and oral decision (26 Oct 2026) ; Variation of the Court Order (27 Oct 2026) . |
|
| Judicial Officers Involved in Case No. 31358 | 1. Adjudicator Subodh Chandra — Simplified Trial (31 Jul 2026) ; the matter was adjourned after a jurisdictional issue was raised. |
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 (File 30698) and Birkus v. Fraserside (File 31358)
Legend: Orders/Directions Hearings/JCM Settlement Adjournments Forms 17/39 Court decisions Refused/dismissed requests
| Date | Event |
|---|---|
|
November 2020
IFRC and CLBC — Court File No. 30698
|
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 Sep 30, 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. |
| December 1, 2023 — April 17, 2024 | The Claimants continued providing 24/7 Home Sharing support in their rented residence without receiving Home Sharing payments and without a Home Sharing coordinating agency in place to provide the monitoring, emergency/incident response, respite and transition coordination, and other support associated with the Home Sharing arrangement. IFRC separately continued E.L.’s Community Inclusion program. |
| 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. |
| July 8, 2024 | The claimant files a claim in BC Provincial Court (Small Claims) against IFRC seeking payment of arrears for services for Dec 1, 2023 – Apr 17, 2024. File No. 30698. |
| July 22, 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.” |
| November 26, 2024 |
Court directions:
|
| December 10, 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.” |
| January 29, 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. |
| February 3, 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) |
| February 5, 2025 | Court order: the claimant is given one week to add CLBC as a third party; parties are adjourned to a JCM Fix Date — Feb 10, 2025, 14:30 (Honourable Judge Raven) to reschedule the 2-hour application hearing. |
| February 10, 2025 |
The Claimants file an amended Notice of Claim adding CLBC to the proceeding as a Defendant and increasing the amount (including interpreter expenses). The amended Notice lists IFRC and CLBC together as Defendants. “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 Feb 5, 2025, CLBC’s participation is necessary for a fair resolution…” |
| February 21, 2025 |
CLBC submits its Initial Reply
in Court File No. 30698.
Community Living British Columbia (CLBC) submits its initial Reply to a Claim following its addition to the proceedings involving the Claimants and IFRC. The Reply records CLBC's initial position concerning the dispute over unpaid Home Sharing services. A subsequent Further Amended Reply was filed on September 3, 2026. |
| February 25, 2025 |
Claimants' Form 39 — Justification
for Involving CLBC in Court File No. 30698.
The Claimants submit written procedural materials dated February 25, 2025, explaining the grounds for involving Community Living British Columbia (CLBC) in the proceedings against IFRC. The materials provide supporting arguments, references to the case record, and documentary exhibits concerning the respective responsibilities of IFRC and CLBC. |
| March 24, 2025 |
CLBC Response to IFRC Application. Community Living British Columbia (CLBC) submits its response to IFRC's application in Court File No. 30698, setting out CLBC's position concerning the application. View Document 006 — CLBC Response to IFRC Application (3 Pages) |
| March 26, 2025 |
IFRC Supporting Materials. Individualized Funding Resource Centre Society (IFRC) submits additional supporting materials in Court File No. 30698 concerning the ongoing proceedings involving IFRC, CLBC, and the Claimants. |
| March 27, 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. |
| March 31, 2025 | Scheduling via JCM (organizational steps and subsequent correspondence). |
| April 7, 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. |
| April 14, 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. |
| April 14, 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. |
| May 29, 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
|
| May 30, 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). |
| July 21, 2025 | Settlement conference before Honourable Judge Denhoff (content of discussions is not disclosed). |
| August 7, 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…” |
|
August 18, 2025
Fraserside Community Services Society — Court File No. 31358
|
Separate claim against Fraserside (No. 31358) for unpaid compensation for services provided after the expiry of the original agreement, from April 18 to May 17, 2025. Claimant’s position: Fraserside did not provide evidence that it had signed the proposed 2025 Agreement before giving notice of termination and relocating the client. A copy bearing Fraserside’s signature was provided only after the client had been relocated, and that copy did not include the Claimant’s material Comments and Revisions. In its later Amended Reply, Fraserside asserted that it had signed the 2025 Agreement without those Comments and Revisions, which it said it had not accepted. |
| August 28, 2025 |
CLBC's application for a further Settlement Conference;
order of Honourable Judge D. Vandor.
CLBC filed an application seeking a further Settlement Conference before 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. Judge Vandor granted the application and directed the parties to attend a JCM Fix Date on September 8, 2025 at 2:30 p.m. to schedule the conference. |
| August 29, 2025 |
Order of Honourable Judge D. Mah on IFRC's
adjournment application and the Claimants'
scheduled hearing.
Judge Mah granted IFRC's request to reschedule the September 8, 2025 JCM appearance to September 15, 2025 at 2:30 p.m. In the same order, citing the possibility of resolving the matter at a further Settlement Conference, the Judge struck the hearing of the Claimants' August 7, 2025 application, previously scheduled for October 2, 2025 at 2:00 p.m. The order stated that, if the matter was not resolved at the further Settlement Conference, the Claimants could request that their application be rescheduled. |
| September 2, 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. |
| September 3, 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)). |
| September 4, 2025 | Service on both respondents is confirmed for the 15.09.2025 JCM appointment on the claimant’s 02.09 application. |
| September 15, 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. |
| September 17, 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. |
|
September 18, 2025
IFRC and CLBC — Court File No. 30698
|
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. View Document 012 — Claimants' Procedural Submissions (5 Pages) |
| October 2, 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:
|
| October 6, 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:
|
| October 23, 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. |
| October 23, 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. |
| October 27, 2025 |
Claimants' Form 17 concerning notices and
participation arrangements in court proceedings.
The Claimants filed an Application to a Judge requesting directions concerning court-filed notices and records relating to the Defendants' attendance and remote participation on October 2 and October 23, 2025. The application requested that the Court record the relevant procedural concerns, direct timely service of official notices and orders, and require disclosure of existing records concerning participation arrangements. The application was submitted with "do not require a hearing" under Rule 16(6.1) selected. The court copy bears an October 27, 2025 filing stamp.
Episode context:
02-Oct — CLBC appeared remotely; IFRC did not
attend; Claimants had no corresponding documents
or notice. 23-Oct — IFRC appeared remotely;
Claimants had no documents or notice authorizing
remote participation.
Procedural effect:
One-sided communications and delayed notice
hinder planning and preparation, placing
self-represented Claimants at a disadvantage.
|
| October 27, 2025 |
Hearing – Court File No. 30698 set for
December 15, 2025 at 2:00 p.m.
(Courtroom 107).
The hearing was scheduled 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. |
| October 28, 2025 |
Judge D. Mah directs that the Claimants'
Form 17 application be scheduled for a hearing.
Richmond Court Registry confirmed in writing that the Claimants' Form 17 application, filed on October 27, 2025 under Rule 16(6.1), had been forwarded to Honourable Judge D. Mah for review. The application was returned without approval for determination without a hearing. Judge Mah directed the Registry to schedule an Application Day hearing for December 11, 2025 at 2:00 p.m., Courtroom 104, Richmond Provincial Court. The judicial direction was communicated through the Richmond Court Registry rather than through a formal signed court order. Source: Richmond Court Registry email dated October 28, 2025, subject: "RE: RMD-P-C-30698 — Form 17 under Rule 16(6.1); hearing date entered?" |
November 7, 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.
|
| November 21, 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 October 2, 2025 or its remote participation on October 23, 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
Fraserside Community Services Society case #31358
|
Notice of Simplified Trial. 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.
|
|
April 15, 2026
Fraserside Community Services Society case #31358
|
Registrar grants Defendant’s application to change the April 24, 2026 Simplified Trial date. In support of the application, the Defendant stated that the Notice of Simplified Trial issued on December 4, 2025 had been sent to a staff contact who, according to the Defendant, had already gone on a sudden and unannounced medical leave of absence before the Notice was delivered, and that the Defendant learned of the April 24, 2026 trial date only on April 15, 2026. The Registrar granted the application to change the trial date and directed that a new Notice of Simplified Trial be issued. |
|
April 16, 2026
Fraserside Community Services Society case #31358
|
Hearing set for April 22, 2026 on the Claimant’s application to review the Registrar’s April 15, 2026 order. The Claimant filed an Application to a Judge or Justice seeking review of the Registrar’s April 15, 2026 decision adjourning the April 24, 2026 simplified trial. The application was set for hearing on April 22, 2026 at 2:00 p.m. at Richmond Provincial Court. The Claimant’s position was that the Defendant had not provided sufficient evidence to support its assertion that it remained unaware of the April 24, 2026 trial date until April 15, 2026, including in light of the Defendant’s receipt of registered mail in this matter on April 2, 2026 and the absence of evidence explaining why no other staff member dealt with court correspondence over that period. |
|
April 22, 2026
Fraserside Community Services Society case #31358
|
Court dismisses the Claimant’s application to review the Registrar’s April 15, 2026 adjournment order.
The Court left the Registrar’s April 15, 2026 order in place, finding no basis to conclude
that the decision was “clearly wrong” or involved an “error in principle.” Claimant’s position (evaluative statement): The Claimant maintains that the Defendant’s explanation remained incomplete and insufficiently supported, including in light of the Defendant’s receipt of registered mail on April 2, 2026 and the lack of evidence explaining the internal handling of court correspondence sent to the organization’s official mailing address. |
|
June 18, 2026
IFRC and CLBC — Court File No. 30698
|
Notice of Pre-Trial Conference issued. A Pre-Trial Conference was scheduled for September 4, 2026 at 9:30 a.m., to proceed via Microsoft Teams through Richmond Provincial Court. |
|
July 16, 2026
Fraserside Community Services Society case #31358
|
Amended Reply of the Defendant filed.
Fraserside filed an Amended Reply dated July 15, 2026, replacing and striking out
its original Reply filed on September 4, 2025.
Previous position withdrawn:
Fraserside had asserted that the Homeshare Provider Agreement signed by the Claimant
on April 14, 2025 became valid upon execution, remained effective through April 2026,
and governed the compensation paid to the Claimant.
Positions pleaded in the Amended Reply:
— Fraserside denies all facts alleged in the Notice of Claim.
— Fraserside alleges that the parties continued to operate under the 2024 Homeshare
Provider Agreement after its initial one-year term expired on April 17, 2025 because
specified provisions of that agreement allegedly survived and remained in effect.
— Fraserside alleges that it never accepted the Claimant’s comments and revisions
attached to the proposed 2025 Agreement and never accepted the Claimant’s proposed
rates or other terms communicated on April 17, 2025.
— Fraserside alleges that, on or about April 22, 2025, it signed the 2025 Agreement
without the Claimant’s comments and revisions and mailed a copy to the Claimant.
— Fraserside alleges that the contractual relationship continued until May 18, 2025,
with the Claimant’s last day of service being May 16, 2025.
— Fraserside denies that the Claimant suffered compensable damage or loss and alleges
that the compensation provisions of the 2024 Agreement preclude recovery beyond the
rates stated in that agreement.
— In the alternative, Fraserside alleges that, if the 2024 Agreement did not continue
after April 17, 2025, the Claimant accepted the 2025 Agreement, which governed the
parties from April 18 to May 18, 2025.
— In the further alternative, Fraserside alleges that, if the Claimant suffered any
damage or loss, he failed to mitigate it.
|
|
July 30, 2026
Fraserside Community Services Society case #31358
|
Defendant files a further Amended Reply.
Fraserside further amended the Reply filed on July 16, 2026 by adding a new
paragraph 27 and advancing an additional alternative position:
— If the 2024 Homeshare Provider Agreement did not continue beyond April 17, 2025,
the compensation payable for Mr. Birkus’s services from that date onward was nevertheless
governed by implied terms and pay rates consistent with the 2024 Agreement.
|
|
July 31, 2026
Fraserside Community Services Society case #31358
|
Simplified Trial adjourned after the Court raised a jurisdictional issue.
The Court raised the possibility that the dispute-resolution provisions in the parties’
previously signed Homeshare Provider Agreement require the contractual dispute-resolution
process to be followed. According to the Court, that process may lead to arbitration rather
than court proceedings for any dispute between the parties, including a dispute concerning
termination of the agreement.
Context: The jurisdictional concern appears to relate to the one-year 2024 Homeshare
Provider Agreement, whose stated term ended on April 17, 2025, but which contains provisions
that may continue after its expiry or termination. The Court record refers to a “contract of
2014”; in the context of this proceeding, this appears to be a reference to the 2024 Agreement.
Because neither party was prepared to address the jurisdictional issue fully, the matter was
adjourned and will be reset for another Simplified Trial.
— At the next trial, the parties must first address whether the Court has jurisdiction.
— The merits of the claim will be considered only if the Court is satisfied that it has
jurisdiction despite the arbitration clause and the contractual dispute-resolution process.
— Adjudicator S. Chandra remains seized of the matter.
|
|
July 31, 2026
Fraserside Community Services Society case #31358
|
New Simplified Trial date set following the adjournment.
The Court issued a new Notice of Simplified Trial, scheduling the matter for
November 13, 2026 at 11:30 a.m. in Courtroom 103 at Richmond
Provincial Court.
— Each party must file its Trial Statement and all relevant attachments at least
14 days before trial.
— Each party must serve its Trial Statement and attachments on the other party at
least 7 days before trial.
|
| August 21, 2026 |
CLBC submits its Original Trial Statement
in Court File No. 30698.
Community Living British Columbia (CLBC) submits its original Trial Statement dated August 21, 2026, setting out its position in preparation for the trial involving the Claimants, IFRC, and CLBC. This document represents CLBC's position at that stage of the proceedings. A subsequently amended Trial Statement was submitted in September 2026. |
| August 26, 2026 |
Claimants file their Trial Statement
and supporting materials in
Court File No. 30698.
Viktor and Maryna Birkus file their Trial Statement with the Richmond Provincial Court in preparation for the trial involving Individualized Funding Resource Centre Society (IFRC) and Community Living British Columbia (CLBC). The materials present the Claimants' position concerning unpaid Home Sharing services, the relevant contractual and funding arrangements, the calculation of outstanding amounts, and supporting documentary evidence. The archived collection consists of 103 scanned images, including the Trial Statement and accompanying supporting materials. |
| August 2026 |
IFRC Trial Statement and Supporting Exhibits
— Court File No. 30698.
Individualized Funding Resource Centre Society (IFRC) submits its Trial Statement and supporting exhibits in preparation for the trial involving the Claimants, IFRC, and Community Living British Columbia (CLBC). The materials set out IFRC's position concerning the Home Sharing arrangements, the disputed payments, and the respective responsibilities of the parties. The archived collection contains 106 scanned images, including IFRC's Trial Statement and accompanying documentary exhibits. View Document 019 — IFRC Trial Statement and Exhibits (106 Pages) |
| September 3, 2026 |
CLBC files a Further Amended Reply expressly acknowledging its obligation to pay for previously unpaid Home Sharing services (Case No. 30698).
In Appendix A of its filed Reply, CLBC makes the following admissions: Paragraph 15.1: Viktor and Maryna Birkus provided Home Sharing support to a CLBC client between December 1, 2023 and April 17, 2024 and were not paid for that support. Paragraph 15.2: Had a contract with an agency been in effect from December 1, 2023, CLBC would have funded that agency for the Home Sharing services, and the agency would have paid the Claimants. Paragraph 15.3: CLBC acknowledges that it is required to pay the Claimants on a quantum meruit basis for the services provided during that period. Paragraph 15.4: CLBC takes the position that the inquiry into liability can end and the Court can proceed to damages. Paragraph 25.1: CLBC accepts the Claimants' calculation of the outstanding principal amount, CAD 13,106.34. Qualification: The admission concerns CLBC's obligation to pay the principal amount; it is not itself a court judgment or proof of payment. CLBC continued to dispute the tax-related claim and maintained other alternative pleaded positions. |
| September 4, 2026 |
First Pre-Trial Conference before
Honourable Judge D. Mah.
Following CLBC's admission of its obligation to pay the Claimants the outstanding principal amount of CAD 13,106.34, Judge Mah directed the parties to identify and agree in writing on the issues remaining for trial. This direction was confirmed in CLBC counsel's subsequent correspondence of September 4, 2026. It is not expressly recorded in the written Trial Conference Record. The signed Trial Conference Record confirms the conference and the adjournment to September 18, 2026 at 9:30 a.m. |
| September 17, 2026 |
Agreement on Scope of Trial submitted to the Court by CLBC with Form 39 (Case No. 30698).
Following the September 4 Pre-Trial Conference, the parties prepared a document recording the agreed narrowing of issues for trial. The filed document contains eleven numbered paragraphs; paragraph 11 was expressly identified as unresolved. The following describes each paragraph in order (a detailed account, not a verbatim reproduction):
Document status: This was a statement of agreed and disputed trial issues, not a judgment on the remaining issues. The filed agreement and its expressly unresolved paragraph 11 should be read together. |
| September 18, 2026 |
Second Pre-Trial Conference before Honourable Judge B. Craig (Case No. 30698).
The Court considered the narrowed scope of the forthcoming trial following submission of the September 17 Agreement on Scope of Trial. Judge Craig reduced the trial from the original four-day schedule to one full day on October 26, 2026 and a half-day on October 27, 2026. The remaining trial dates were released. The Trial Conference Record does not separately resolve the disagreement concerning paragraph 11 of the Agreement. |
|
September 18, 2026
Fraserside Community Services Society case #31358
|
November 13, 2026 Simplified Trial cancelled; replacement date pending.
Richmond Small Claims Registry notified the parties that the Simplified Trial scheduled for November 13, 2026 was cancelled because of changes to the Court's scheduling. The Registry stated that a new Notice of Simplified Trial would be distributed once another date was fixed. The claim itself was not dismissed or cancelled. |
| October 26, 2026 |
Trial before Honourable Judge D. Mah and oral decision (Case No. 30698).
Account of the hearing: The description of the discussion is based on the Claimants' recollections and an unofficial automatic English transcript. It is not a verified verbatim transcript or a reproduction of the Court's official oral reasons. The operative terms below are taken from the written Trial Record/Order of October 26. Opening, Exhibit 1 and interest. The Judge explained the procedure, the Claimants' burden of proof and the civil standard of proof (balance of probabilities). He questioned whether a full trial was still necessary after CLBC acknowledged the principal debt. With the parties' agreement, the September 17 Agreement on Scope of Trial was admitted as Exhibit 1. The Judge then considered CLBC's calculation of pre-judgment interest. He observed that CLBC had performed calculation work that otherwise fell to the Claimants. The Claimant replied that the arithmetic appeared correct, but he did not have the interest-rate tables to check the applicable rates independently and had initially understood that the Court Registry calculated interest. Both Claimants accepted CAD 1,250.50. IFRC and its Counterclaim. The Judge asked why IFRC remained a Defendant when CLBC admitted owing CAD 13,106.34 and the Claimants did not seek double recovery. The Claimant said he had not received an official Registry confirmation that IFRC had filed a formal withdrawal of its Counterclaim. The Judge referred to paragraph 5 of Exhibit 1: “IFRC withdraws its counterclaim, without limiting its ability to seek fees and expenses under Rule 20.”
The Claimant explained that he had understood this as a commitment to complete the withdrawal formally, and noted that possible Rule 20 claims remained. He did not accept that CLBC's acknowledgment of the debt exonerated IFRC's earlier conduct. The Judge raised the possibility of adverse costs or a penalty if IFRC were kept in the case without a sufficient remaining basis. At the Judge's request, IFRC's representative confirmed that, if the Claimants withdrew their claim against IFRC, IFRC would withdraw its Counterclaim and neither side would claim fees or expenses against the other. The Claimants agreed to that resolution, without admitting that IFRC's prior conduct was justified. IFRC's representatives then left the remote connection. Tax-related factual requests and alternative claim. The unpaid Home Sharing support covered December 1, 2023 through April 17, 2024 (four full calendar months and 17 days). CLBC had admitted its payment obligation on September 3 and, in the September 17 Agreement, expressly identified the support as having been provided under the BC Home Sharing Program. The Claimants maintained that further facts were material to a potential application of paragraph 81(1)(h) of the Income Tax Act and their employment status. Referring to section 5 of their updated Financial Calculation prepared October 9, they sought confirmation that the CLBC client lived in both Claimants' principal residence; was not either Claimant's spouse, common-law partner or relative; and that the Claimants provided care as self-employed caregivers rather than employees of CLBC or IFRC. The Claimants did not ask the Provincial Court to determine their ultimate income-tax liability or bind CRA. They distinguished these factual findings from an alternative monetary request of CAD 2,568.84 for any proven additional tax loss: if the necessary factual confirmations were provided, they would not seek that alternative amount. Judge Mah said he would not make the requested factual findings in this proceeding and discussed the possibility of presenting evidence to CRA and, if necessary, using the Tax Court of Canada process. When the Claimant referred to an earlier Pre-Trial Conference Judge's comments about limited tax-related issues linked to delayed payment, Judge Mah said he was not aware of those comments and maintained his view of the scope of this proceeding; the exchange did not establish a formal ruling by the earlier Judge on jurisdiction. CLBC's proposed written confirmation. CLBC's counsel offered to confirm the relevant facts in writing. The Claimant noted that a letter had previously been offered but had not been delivered before trial. Following further discussion, the Court set out the facts to be confirmed and a deadline for CLBC to provide the letter together with payment. Half-hour recess to discuss expenses. The Judge proposed a half-hour break so that the parties could discuss and attempt to agree on the amount of court-related expenses. He indicated that an agreement could avoid further trial proceedings; if a complete agreement could not be reached, the Court could focus on the expense items still disputed. The parties did not resolve their differences on expenses or the possible Rule 20(5) penalty. Expense evidence and dispute over continuing the case. Both Claimants gave sworn evidence concerning their updated financial calculation. The calculation covered filing fees, service and mailing, interpreter costs for earlier appearances, interpretation for the Pre-Trial Conference and trial, and other documented court-related expenditure. CLBC argued that, once it acknowledged the principal on September 3, further litigation, particularly the tax component, was unnecessary and post-September 3 trial expenses should not be awarded. The Claimants responded that a binding payment order, the status of IFRC's Counterclaim and Rule 20 requests, the tax-related factual confirmations, interest and expense allocation had not yet been resolved. The Claimants also explained why interpretation was needed at scheduled court appearances and why they had reduced interpreter bookings after the trial was shortened. The Judge repeatedly asked whether the Claimants had independently attempted to settle the remaining matters after September 3. The Claimants answered that they had not initiated separate settlement negotiations during that period. They cited the history of unsuccessful attempts, concern about further indefinite delays, and the already scheduled trial as their means of obtaining a final, documented resolution. CLBC's penalty request. CLBC's counsel requested a penalty of 10% of the principal under Rule 20(5), arguing that continuing litigation over the tax component lacked a reasonable prospect of success after the principal debt was admitted. CLBC also opposed reimbursement of certain related expenses. The Claimants disputed the assertion that the trial had been unnecessary. After a final recess, Judge Mah delivered an oral decision. Written Trial Record/Order — October 26, 2026: — The Claimants withdraw their claim against IFRC, and IFRC withdraws its Counterclaim; neither side is entitled to fees or disbursements from the other. — CLBC is to pay the Claimants CAD 13,106.34 principal, CAD 1,250.50 pre-judgment interest and CAD 2,158.89 fees and expenses, totaling CAD 16,515.73. — The Claimants must pay CLBC a CAD 1,310.63 penalty under Rule 20(5), equal to 10% of the principal. — By 4:00 p.m. on November 25, 2026, CLBC must make payment and provide written confirmation that the principal compensates unpaid Home Sharing services provided to a CLBC client under the BC program from December 1, 2023 through April 17, 2024; that the client lived at the Claimants' principal residence and was not related to them; and that the Claimants were not employees of CLBC or IFRC. Expenses not awarded: Comparing the amounts claimed with the Court's award, the Claimants identify CAD 835 for interpretation booked for October 26–27 and CAD 21.26 for mailing their trial binder as not reimbursed. The binder was mailed before September 3 pursuant to an earlier court direction; it should not be described as an expense incurred after that date. The official Trial Record/Order records the terms of the judgment but does not contain a written transcript of the Judge's oral reasons. |
| October 27, 2026 |
Judge D. Mah varies the payment set-off provision in the October 26 order (Case No. 30698).
After correspondence in which CLBC proposed a single net payment and the Claimants agreed in principle while insisting that the two separate awards remain identifiable, Judge Mah removed the words “If the parties agree prior to November 1, 2026” from paragraph 3 of the previous order. CLBC may deduct the Rule 20(5) penalty of CAD 1,310.63 from the CAD 16,515.73 payable to the Claimants, resulting in one net payment of CAD 15,205.10. The variation changed the condition governing set-off, not the amounts awarded to either side. View Document 028 — Judge Mah Trial Order and Variation (3 Pages) |
| October 28, 2026 |
Registry advises that written Reasons for Judgment are not available (Case No. 30698).
Responding to the Claimants' request for the Judge's reasons concerning the Rule 20(5) penalty and recoverable expenses, Richmond Small Claims Registry stated that it had no written Reasons for Judgment and that anyone seeking an official transcript could contact Veritext at 604-684-4347 to inquire about ordering procedures and fees. The Registry's email mistakenly referred to the trial year as 2027 rather than 2026. |
|
Conclusion of Trial Proceedings —
Birkus v. IFRC & CLBC
(Court File No. 30698)
The documented trial proceedings concluded with the Trial Order issued by Honourable Judge D. Mah on October 26, 2026, as varied on October 27, 2026. The Court's monetary determination resulted in a net amount of CAD 15,205.10 payable to the Claimants following the Rule 20(5) costs set-off. This concludes the documented trial stage of Court File No. 30698. This conclusion does not establish that the judgment has been paid or exclude subsequent appeal, enforcement, or post-judgment proceedings. |
|
| October 28, 2026 |
Richmond Court Registry Confirms
Simplified Trial Is Still Awaiting
Rescheduling —
Birkus v. Fraserside Community
Services Society
(Court File No. 31358).
On October 28, 2026, the Claimant requested an update from the Richmond Small Claims Registry concerning the Simplified Trial previously scheduled for November 13, 2026. The request referred to the Registry's September 18, 2026 notification that the scheduled trial had been cancelled due to scheduling changes and that a new Notice of Simplified Trial would be issued. In its written response dated October 28, 2026, the Registry confirmed that the matter was still awaiting rescheduling and that a new Notice of Simplified Trial would be distributed once a new date was set.
"Please be informed the matter
is still awaiting rescheduling."
Richmond Small Claims Registry —
October 28, 2026
Status as of October 28, 2026: Court File No. 31358 remains pending. No replacement Simplified Trial date has been confirmed. |
|
November 4, 2026
Fraserside Community Services Society — Court File No. 31358
|
A New Simplified Trial Date Has Been Scheduled.
Following the postponement of the trial previously scheduled for November 13, 2026, the court has set a new trial date: June 25, 2027, at 11:30 AM, Courtroom 103, Richmond Provincial Court, Richmond, British Columbia. |
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.
Case No. 30698: net court amount CAD 15,205.10 after set-off. Case No. 31358: the November trial was postponed; no new date has been set.