A mom and son who were ordered to move out and sell their Surrey condominium lost a last-ditch effort to stay in their home last month.
In a March 20 decision of the B.C. Supreme Court, Rose Jordison and her adult son were told they had 30 days to get out – the result of being in contempt of court for breaching an earlier order that they abide by the rules of the condo complex and respect their neighbours.
The Jordisons were actually ordered to sell their Guildford-area condo in January 2012 after Supreme Court Justice Richard Blair found that years of harassment and noise amounted to an “assault” on other residents.
However, the mom and son appealed the ruling and won, allowing them to stay, on the condition they refrain from being noisy and offensive to other condo owners. After breaching those terms, the earlier ruling was upheld and they were told in March to move out and sell within 30 days.
The Jordisons appealed again, asking that the order to move and sell be stayed pending the appeal.
Justice Edward Chiasson agreed to delay the sale order until after the appeal, but refused to let the Jordisons stay in their home past April 30.
The Jordisons then applied to have that decision reviewed by the B.C. Court of Appeal, arguing they never had the opportunity to fully present their case – something three appeal court justices said wasn’t true.
“It would be more accurate to say that they have failed to appear to present their case when given the opportunity,” wrote B.C. Court of Appeal Justice Harvey Groberman in a decision dated April 29. Justices Ian Donald and Nicole Garson concurred.
An earlier judgment said the Jordison’s didn’t show up to at least two court dates in January and February.
