Habitat for Humanity Canada v. Hearts and Hands for Homes Society, (2015) 378 B.C.A.C. 190 (CA)

• Judge: Stromberg-Stein, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: October 15, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 378 B.C.A.C. 190 (CA);2015 BCCA 443

Habitat for Humanity v. HHHS (2015), 378 B.C.A.C. 190 (CA);

    650 W.A.C. 190

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. OC.043

Habitat for Humanity Canada/Habitat Pour L'humanité Canada (respondent/plaintiff) v. Hearts and Hands for Homes Society (appellant/defendant)

(CA42946; 2015 BCCA 443)

Indexed As: Habitat for Humanity Canada v. Hearts and Hands for Homes Society

British Columbia Court of Appeal

Stromberg-Stein, J.A.

October 23, 2015.

Summary:

Habitat for Humanity Prince George Society (HPG) was the predecessor of Hearts and Hands for Homes Society (HHHS). In 2006, HPG signed an affiliation agreement with Habitat for Humanity Canada (Habitat). The agreement provided for certain events which could lead to the termination of the affiliation and outlined the steps that Habitat had to take before termination. The agreement also set out the consequences of termination. Habitat sued HHHS seeking, inter alia, specific performance of the asset transfer clause in the agreement.

The British Columbia Supreme Court, per Sharma, J., in a decision reported at 2015 BCSC 1182, concluded that the action was appropriate for disposition by summary trial. The court: concluded that the asset transfer clause was enforceable; concluded that damages would be an inadequate remedy; and ordered specific performance of the asset transfer clause. HHHS appealed. HHHS applied for a stay of Sharma, J.'s order. Groberman, J., dismissed the stay application, but ordered Habitat to provide HHHS with seven business days' notice if it intended to "liquidate assets, or deal with them other than in the ordinary course of business." He also gave HHHS leave to set down a matter in Chambers on short notice by filling a requisition. Habitat sought to delay the appeal until some related matters were dealt with by the trial court, and requested a number of orders.

The British Columbia Court of Appeal, per Stromberg-Stein, J.A., dismissed Habitat's application to hold the appeal in abeyance; ordered HHHS to post security for the costs of the appeal in the amount of $8,000, failing which Habitat might apply to have the appeal dismissed for want of prosecution; stayed the appeal pending the posting of the security; and granted Habitat's application for an extension of time to file its factum to 14 days from the date that HHHS posted security for costs.

Practice - Topic 8208

Costs - Security for costs - Security for costs of an appeal - Grounds for - General - See paragraphs 31 to 43.

Practice - Topic 8215

Costs - Security for costs - Security for costs of an appeal - Failure to post - Effect of - See paragraph 42.

Practice - Topic 8894

Appeals - Parties - Indigent status - See paragraphs 44 and 45.

Practice - Topic 9134

Appeals - Hearing of appeal - Expediting - See paragraphs 28 to 30.

Practice - Topic 9402

Appeals - Stay of appeal - When available - See paragraphs 21 to 27.

Cases Noticed:

Hollander v. Nelson - see Hollander et al. v. Mooney et al.

Hollander et al. v. Mooney et al. (2013), 334 B.C.A.C. 149; 572 W.A.C. 149; 2013 BCCA 83, refd to. [para. 23].

Taga Ku Development Corp. et al. v. Yukon Territory et al. (1995), 55 B.C.A.C. 266; 90 W.A.C. 266 (Yuk. C.A.), refd to. [para. 25].

Creative Salmon Co. v. Staniford (2007), 242 B.C.A.C. 299; 400 W.A.C. 299; 2007 BCCA 285, refd to. [para. 33].

Lu v. Mao, [2006] B.C.A.C. Uned. 142; 2006 BCCA 560, refd to. [para. 34].

Pitt Polder Preservation Society v. Pitt Meadows (District), [1999] B.C.A.C. Uned. 168; 1999 BCCA 593, refd to. [para. 37].

Mahmoodi v. Irankhah (2008), 263 B.C.A.C. 25; 443 W.A.C. 25; 2008 BCCA 512, refd to. [para. 45].

Koch v. Koch (2012), 324 B.C.A.C. 116; 551 W.A.C. 116; 2012 BCCA 280, refd to. [para. 47].

Counsel:

The appellant, David Duncan (Director of Hearts and Hands for Homes Society), appeared in person;

M.G. Underhill, for the respondent.

This application was heard in Chambers, at Vancouver, B.C., on October 15, 2015, by Stromberg-Stein, J.A., of the British Columbia Court of Appeal, who delivered the following decision on October 23, 2015.