Hearts and Hands for Homes Society has until Oct. 30 to post $8,000 as security or risk seeing an appeal of a B.C. Supreme Court decision thrown out, a B.C. Court of Appeal Justice ordered Friday.
Habitat for Humanity Canada had been seeking an abeyance of the appeal until matters coming out of the B.C. Supreme Court decision had been dealt with and, barring that, for HHHS to post $15,000 security for the cost of its appeal.
Appeal Court Justice Sunni Stromberg-Stein rejected the request for abeyance, noting Habitat Canada already received a six-month extension on arguments for cost.
"Habitat seeks to prove special or uplift costs, and will seek to hold the directors of HHHS personally liable for costs or any shortfall in HHHS's funds," Stromberg-Stein said.
"This could be a lengthy process."
As for the posting, Stromberg-Stein settled on $8,000 because that's how much HHHS has in its bank account and because HHHS has no income since Habitat Canada has seized control of the ReStore which has since been closed down.
Habitat Canada has said it will be reopened once a better location for the store, which sells second-hand furniture and recycled building material, has been found.
HHHS filed a request to appeal after B.C. Supreme Court Justice Neena Sharma ruled in July that Habitat Canada was entitled to take over HHHS's assets because its predecessor, Habitat Prince George, failed to meet standards for remaining an affiliate.
Stromber-Stein indicated HHHS's appeal holds little merit.
"HHHS appears to repeat the arguments made at trial and mainly takes issue with Justice Sharma's findings of fact," Stromberg-Stein said.
"The key finding at the summary trial was that HHHS was an affiliate of Habitat, and the parties shared the same charitable purpose. Once this finding is accepted, many of HHHS's arguments fail."
If HHHS meets the deadline, Habitat Canada then has 14 days to file a factum or summary of its position on the matter.
