An agreement to settle a simmering feud between a Mandarin-speaking strata council and some of its English-speaking residents has failed.
According to one of the complainants, Andreas Kargut, a settlement that negated the need for a B.C. Human Rights Tribunal case, concerning the alleged racial discrimination by the council of the 54-unit Wellington Court, has broken down.
Furthermore, Kargut’s co-complainant, Harry Gray, says he’s now seeking redress at B.C.’s newly-established Civil Resolutions Tribunal, for what he calls an abuse of power by a former council member.
On Monday night, residents of Wellington Court, on Heather Street, met for their annual general meeting (AGM).
Last year, the AGM was held in Mandarin, prompting the human rights claim, which now appears to be moving ahead toward an official hearing, following the apparent breakdown in negotiations from a pre-settlement meeting between the two parties in July.
The six, non-Mandarin speaking complainants learned in mid-August that the existing council had refused to settle the dispute, after claiming Kargut breached a non-disclosure agreement for a pre-settlement hearing by speaking to local, national and international media interested in the case.
In turn, Kargut, who denies the allegation, also claims a member, or members, of the council also breached the non-disclosure agreement.
“I believe they were looking for any excuse not to sign” the agreement, said Kargut, who contends the council is attempting to end the dispute by causing financial hardship.
“With them going back and forth, it’s costing us money,” said Kargut, who claims his group has spent about $25,000 in legal fees.
In order to pay for the hearing, Kargut started a GoFundMe campaign, which he believes is now being sabotaged with defamatory comments by the respondents, or someone connected to them.
Kargut said he expects the council’s lawyer, who is paid via the strata’s insurance policy, could file for a dismissal of the claim. In turn, Kargut’s lawyer would need to argue against the dismissal. If Kargut’s lawyer is successful, the case would then be heard by the tribunal.
“I expect to get to a hearing. They’re trying to make it difficult on us. . . It’s getting to the point of borderline harassment,” said Kargut.
At this year’s AGM, security was hired to keep the peace after “things got out of hand” last year, “when the council didn’t want to pay for an accredited interpreter,” said Kargut.
On top of the language dispute is the matter of an alleged abuse of proxy votes.
A resolution on Monday to keep English as the language of choice at council meetings and to hire an official interpreter was shot down, after two members holding 25 proxy votes voted against it.
Gray said last year the council’s president used 34 proxy votes to control the AGM.
“So, nobody else had a chance,” said Gray, who challenged the member on Monday, whom Kargut dubs “Mr. Proxy.”
“When they were challenged, the wife of the gentleman concerned said, ‘It’s not illegal, we’re not doing anything that’s illegal. My reply to them was, ‘It may not be illegal, but it’s not democratic,’” said Gray.
Gray has now examined the Strata Property Act and is challenging the 2015 AGM decisions, based on the fact the president used more than 50 per cent of the strata’s votes.
The act states the B.C. Supreme Court may remedy a “significantly unfair exercise of voting rights by a person who holds 50 per cent or more of the votes.”
Instead of going through another expensive court process, Gray is taking his case to the Civil Resolutions Tribunal, which was legally established Aug. 17, to resolve strata property and small claims disputes under $25,000.
“It’s a power trip. This man is arrogant and a bully and does not wish to back down,” said Gray.
At issue, said Kargut, is what he describes as an assault on Canada’s official languages.
The Richmond News has left a message with Wellington Court’s property manager, seeking comment from the council’s president.
