A long-running legal dispute between a Squamish senior and a tiny home company has concluded with the B.C. Supreme Court in Vancouver ordering the defendants to vacate their property.
The case, before Justice Tina L. Dion, centred around an agreement for a tiny home that was alleged not to have been delivered.
Debbie McHugh, a Sḵwx̱wú7mesh Úxwumixw (Squamish Nation) member, filed the initial claim in 2021 against Shawn Glen Cameron, Michelle Lynn Ordowski (also known as Michelle Lynn Cameron), and their company Your Tiny Homes Inc.
McHugh argued she had paid for a custom-built home and appliances but received neither the home nor a refund.
The court first ruled in McHugh’s favour in 2022, awarding her over $80,000 in damages, including $58,381.20 in special damages, $4,000 in punitive damages, and $20,000 in aggravated damages.
However, the defendants failed to comply with the judgment.
Purchase agreement
McHugh, a resident of Squamish and a retired employee of the Sḵwx̱wú7mesh Nation, worked for over 25 years before an injury forced her to retire in 2018.
Using part of her pension payout, McHugh sought to purchase an accessible home that would meet her physical needs, reads the court decision.
In November 2019, McHugh contacted Your Tiny Homes Inc., a company based in British Columbia specializing in the construction, sale, and installation of small homes.
She spoke with company principal Shawn Cameron, who informed her of a partially constructed home available for purchase, court documents say.
Cameron advised her the home would be completed and ready for delivery by January 2020, according to court documents.
No tiny home was ever delivered, and no monies were ever refunded to McHugh.
Defendants’ defence arguments
In the legal proceedings involving McHugh and the defendants, the Camerons presented several arguments in their defence.
They claimed that the plaintiff’s counsel had "lied to the courts and altered exhibits for the favour of the Plaintiff and her claims," calling it a "serious miscarriage of justice.”
The defendants also contested being labelled vexatious litigants and argued that McHugh’s counsel should instead hold that designation. To which, the court noted their misunderstanding of the criteria and observed that the defendants "refuse to accept judicial criticism of them and to comply with orders of the court, while continually misrepresenting the facts to the court".
The defendants filed several applications, including one where they sought an extension of a stay order until after a scheduled hearing. And another one where they requested an order requiring funds paid into trust by the defendants to remain undistributed until a final decision.
The court, however, dismissed these applications, finding them meritless and intended to delay proceedings.
Court findings
The court decision noted that McHugh was left without a stable home while the defendants continued to obstruct enforcement efforts.
The judgment declared the defendants “vexatious litigants,” citing their repeated attempts to delay the proceedings through improper legal filings.
The court ordered the defendants to vacate their property at 705 Hoirup Rd, Vavenby, B.C., to allow its sale to recover the funds owed to McHugh.
A complex dispute
The case involved numerous legal twists, including the defendants filing what Dion called unsubstantiated applications and failing to comply with previous court orders to facilitate the sale of the property.
The court decision noted that McHugh’s realtor made 12 attempts to access the property, which the defendants blocked.
In some instances, they filed last-minute applications to delay enforcement or claimed they had secured funding, which did not materialize.
The ruling asked the Camerons to vacate possession of the property, restricted them on legal filings for this case and asked them to pay McHugh’s legal costs immediately.
Bhagyashree Chatterjee is The Squamish Chief’s Indigenous affairs reporter. This reporting beat is made possible by the Local Journalism Initiative.
