|
|
To the Alberta Pine Shake Homeowners Association!
-
The purpose of this web site is to provide information relevant to the (untreated) pine shake problem in Alberta, Canada.
-
Use the menu at the left of this page to obtain an overview of the APSHA history, as well as the latest information. If you have something to add, consider emailing us privately (on the bottom of the menu at the left).
-
NOTE: Some of the information previously posted on this page has been moved to our "Past Updates" page.
|
GOVERNMENT NOT SEEKING COURT COSTS FROM APSHA MEMBERS
We have been advised through our lawyers that the Government of Alberta will not be seeking taxable court costs from our members.
It's been a long struggle to attempt to obtain compensation for our rotting rooftops, but at least we're not facing another 'hit' in the form of court costs.
Thank God for small mercies!
|
|
APSHA CEASED OPERATIONS
As passed by motion at the last AGM, APSHA finalized its day-to-day operations as of December 31st, 2006 and has now ceased its operations.
|
|
AGM ON NOV. 22, 2006
As indicated in our Fall Newsletter, Wednesday, November 22nd was our final AGM.
We passed a motion to the effect that APSHA finalize its day-to-day operations as of December 31st, 2006 and then dissolve the Society effective May 31, 2007.
|
|
END OF LEGAL ACTION
We had instructed our lawyers to seek leave of the Supreme Court of Canada to have our case heard by that Court. We had that one last recourse available to us, and we knew that the decision of the Supreme Court of Canada would be the final word.
Three judges were selected to review the Appeal Books and documentation. On Thursday, September 14, 2006 they dismissed our application without giving any explanation. (Normally they do not provide any explanation.)
|
|
APPEAL COURT DECISION - FEB. 14, 2006
The Court of Appeal heard our Appeal on Thursday, November 3rd, 2005. The three judges reserved their decision.
On February 14, 2006, their decision was provided. It is paraphrased here: the Appeal Court has dismissed the appeal by agreeing (with the trial judge) that the government does not owe homeowners a duty of care in approving materials for use in the construction of our homes. Click here for a PDF version of the complete Appeal Court ruling.
On March 7, 2006, our lawyers presented the Board of Directors of APSHA with recommendations regarding 'the way ahead'. It was then decided to apply for leave to have our case heard by the Supreme Court of Canada.
Our next newsletter will advise members of our decision, and it will provide the rationale for that decision. It should be mailed out in the first week of June 2006.
Watch this space for more!
|
|
AGM ON NOV. 24, 2005
Our Annual General Meeting (AGM) was held on Thursday, Nov. 24th, 2005 at the Alberta Teachers Association (Barnett House), 11010 142 Street, Edmonton.
Our fall newsletter hit the mail the first week in November.
|
|
AGM HELD NOV. 25, 2004
Our Annual General Meeting (AGM) was held on Nov. 25th, 2004 in Edmonton.
Our fall newsletter was mailed out to our members towards the end of October; the condo associations pursuing separate actions in the name of their association received it as well.
|
|
NON-SUIT APPLICATION GRANTED
The Court of Queen's Bench granted the non-suit application from the government's side, and that initial judgment was filed on Apr. 5th, 2004.
A PDF version of the judgment is available on the Alberta Courts website: click here to call it up.
The Board of Directors of APSHA has instructed its lawyers to take our case to the Appeal Court.
A newsletter was mailed out to our members towards the end of May; the condo owners will receive it in June 2004.
|
|
TRIAL RE-COMMENCED ON WED. MAR. 24rd, 2004
From Feb. 2nd to Feb. 26th, our lawyers submitted our evidence and called the eight sample cases, an assortment of roofers, building and roofing inspectors, plus experts (such as wood scientists); and they also completed a "read-in" of information gleaned from government employees during Examinations for Discovery.
The trial was then adjourned on Thursday, Feb. 26th, 2004 due to the pending submission of a "non-suit" application by the lawyers for the Government. Both sides agreed to provide verbal arguments to the Judge on Mar. 15th. However, a delay of one week was requested, then another delay of one day, and subsequently a delay of one more day. So the Court re-convened on Wednesday, Mar. 24th and it was adjourned on Thursday, Mar. 25th. The Judge has reserved his decision until a later date.
The test for a non-suit application is whether the plaintiff has presented evidence upon which a reasonable jury properly
instructed could find in his favour.
|
|
TRIAL HAS BEGUN
The trial (on the issue of liability) started Monday, February 2, 2004 in room 414 at the Court of Queen's Bench in Edmonton.
It is presently scheduled to run up to 9 weeks: to Apr. 8 or 9 if necessary.
The trial is proceeding with eight sample cases.
|
|
ANNUAL GENERAL MEETING
OCT. 23, 2003
Our AGM was held on October 23rd From 7:30 p.m. - 8:30 p.m. at the
Alberta Teachers Association (Barnett House), 11010 142 Street, Edmonton.
The agenda included an update on the legal case, a financial report, elections for executive and board members, a presentation by our primary lawyer, and a question and answer period.
|
|
SUMMER NEWSLETTER SENT OUT
As of June 23, 2003, we mailed letters to our members. The letters provided an update from Parlee McLaws (our law firm), and also served as a newsletter from APSHA.
The letters had a reminder attached to the front, and it identifed whether you are a 'member-in-good standing' or, if you owe back fees, exactly how much you do owe to APSHA. Please mail your membership fee to:
APSHA
P.O. Box 66021
Edmonton, AB T6J 6T4
A separate mailout was done by Parlee McLaws to the condo associations pursuing actions in the associations' names.
|
|
TRIAL DATE NOW SET
The trial (on the issue of liability) has been placed on the February 2004 Civil Trial List.
More specifically, the trial will commence Monday, February 2nd, 2004 and run up to 24 days: to Friday, March 5th 2004.
APSHA will be proceeding with six to eight sample cases.
|
|
MEMBERSHIP CLOSED
For your information, we closed off the membership
effective February 1st, 2001
|
|
ANNUAL MEMBERSHIP FEES
The annual membership fee of $25 is due by the end of May each year.
|
BACKGROUND INFORMATION
The background to this issue is primarily contained in the Archives of the original Pine Shake Consumer Action Group. If you have not already done so, you are encouraged to review that material (click on the sign below).
|
NOTE: Some of the information previously posted on this page has been moved to our "Past Updates" page.
|
|
|
Last Updated: October 4th, 2007
These web pages and links
have been created, hosted and maintained
by Picture This Graphics
as a service to the homeowners of Alberta.
|
|