With a week’s notice, a B.C. Supreme Court judge ordered a woman to leave a family farm in Fort St. John.
Justice Barbara Young heard applications on Jan. 26 about late Cameo Farms Ltd. owner Doris Baldwin’s will and the lease with her daughter Janet Baldwin and late husband Paul Williams.
Young’s Feb. 5 decision, ordering Baldwin to vacate the property on or before Feb. 12, came almost two months after Justice Dennis Hori agreed that Cameo owns the farm, Baldwin and Williams must vacate the property within 30 days and, if they fail to remove personal property, Cameo may dispose of it.
Young’s decision said Janet Baldwin claimed she did not receive notice of Hori’s decision until Jan. 13, but a bailiff’s affidavit showed that she evaded service.
Young also found that Baldwin did not give notice to interested parties under the Wills Estates and Succession Act and that she swore a false affidavit by claiming notice was given.
“She was well aware that the 2008 will revoked the 2007 will and that probate was already granted for the 2008 will.”
Doris Baldwin one will in 2007 and replaced it with another in 2008, after she moved to Alberta.
The latter version replaced Janet Baldwin as executor with another daughter, Laurie Jean Baptist.
Doris Baldwin died Oct. 22, 2015.
In April 2016, Cameo transferred Doris Baldwin’s shares to Baptist.
Hori found Cameo is both the legal and beneficial owner of the farm and there was no evidence the defendants had interest in the property or a valid lease. Hori decided a restraining order was not necessary, but an order to deliver possession of the property to Cameo was sufficient.
The defendants are also liable for any costs of enforcing the order.
Doris Baldwin and then-husband Jerry Baldwin bought the property in 1977 and transferred it to Cameo 10 years later. Doris Baldwin became the sole shareholder in 1992.
The 20.36-acre farm was assessed at $531,000 last year.
