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Community centre associations win injunction against Vancouver Park Board—update

B.C. Supreme Court halts attempted eviction of six dissident groups
Ainslie Kwan
Ainslie Kwan, president of the Killarney Community Centre Society, calls today's Supreme Court judgment a win for all non-profit community associations across the city. File Photo Dan Toulgoet

The B.C. Supreme Court has halted the attempted eviction of six community centre associations by the Vancouver Park Board.

In a decision brought down Jan. 17, the court ordered an injunction that will prevent the Vision Vancouver-dominated park board from terminating the joint operating agreements of Hastings, Kensington, Kerrisdale, Killarney, Riley Park Hillcrest and Sunset community centre associations until the case can be fully heard in court.

The injunction remains in effect until a full court case can be heard regarding alleged violations of the joint operating agreements by the six associations, which have also filed for damages against the park board.

According to a public statement released by the associations immediately following the decision, Ainslie Kwan, president of the Killarney Community Centre Society, said, “This decision is a win for all non-profit community associations across the city, including those not involved in this legal action; it means not only can we continue providing our services and programs in the centres we built and have jointly operated for decades, but that the park board cannot bully community volunteers when they aren’t getting their way.”

According to the statement from the associations, with the injunction in place it’s business as usual for patrons of the six community centres and services and programs will continue as always.

Based on comments made during various court proceedings in 2013, the associations hope the park board will drop its efforts to evict the six groups.

Dean Davison, legal counsel for the six associations, said in the statement, “The court clearly recognized that the relationship between these parties is unique. One party cannot decide arbitrarily how the two parties should work together, nor can one party decide unilaterally what should happen if the two cannot work together.

Park board chair Niki Sharma told the Courier she's unaware of any promise to drop the eviction should the associations win this injunction.

"We felt we had to terminate the agreements in light of the the lawsuit," Sharma said about the suit brought against the park board last fall by the six associations. "We've always invited these six associations to collaborate with us on the new joint operating agreement. Now our main focus is on the new joint operating agreement and universal access across our entire system."

Meanwhile the NPA lost no time commenting on the decision. A press release from the NPA said park board commissioners Melissa De Genova and John Coupar, along with city councillors, Elizabeth Ball and George Affleck, have been very supportive of the associations, volunteers and staff and their "huge contributions to parks and recreation in the city."
 
In the past year, De Genova has put forward several motions calling for community consultation surrounding plans to change the partnership arrangement between the park board and the community centre associations.

sthomas@vancourier.com

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