NeurVana Files Lawsuit for Damages Allegedly Caused by MCFD & Interior Health’s Conduct

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NeurVana Recovery and Wellness Inc. has filed a statement of claim in the BC Supreme Court seeking compensation for alleged damages caused by officials at the Ministry of Children and Family Development and Interior Health in Kelowna.

NeurVana

“The courts were our only recourse we had left to clear our names and be compensated for all the damages caused by the heavy-handed actions of our own government.” -David Kenney M.Ed., Co-Founder, NeurVana Innovative Recovery and Wellness Inc.

NeurVana Recovery and Wellness Inc. has filed a statement of claim in the BC Supreme Court seeking compensation for damages allegedly caused by officials at the Ministry of Children and Family Development (MCFD) and Interior Health (IH) in Kelowna.

According to claims made in the Statement of Claim, following the conduct of MCFD and IH officials in December 2013 and their ensuing actions in the months that followed, NeurVana was forced to cease operations and the reputations of all 26 of NeurVana’s team members have been damaged.

Series of events according to claims contained in the court filing:

  • On December 4, 2013 IH met with and informed NeurVana they were going to work through a process to determine if NeurVana required a licence for the programming offered. IH officials were unable to make a determination and NeurVana agreed they would welcome officials on December 10 for a site visit to help with their determination.
  • On December 5, 2013 MCFD officials raided NeurVana’s premises and removed 9 clients from the program. MCFD officials offered varying reasons and declined the opportunities to review the registration documentation or to speak with the client’s parents. At no point did MCFD make a legal determination the clients were in need of protection. They have still not made that determination.
  • On December 6, 2013 IH halted its ongoing inquiry that NeurVana was cooperating with and purportedly decided that NeurVana required a licence to operate. Despite not having the authority to prevent the ongoing operation of NeurVana, IH sent NeurVana a letter ordering it to cease providing services immediately.
  • On December 9, 2013 NeurVana received a ‘cease and desist’ letter dated Dec. 6 informing them that IH abruptly terminated its investigation and deemed NeurVana to require a licence.

NeurVana contends in the Statement of Claim that they sought to work collaboratively with MCFD and IH to address the unclear reasons for their actions and to find a resolution. NeurVana’s offers were rebuked every time.

NeurVana Court Filings:
On March 25, 2015 NeurVana filed a Petition for Judicial Review asking the BC Supreme Court to declare that the actions of MCFD and IH exceeded their legal authority.

On December 4, 2015 NeurVana filed a statement of claim in the BC Supreme Court seeking compensation for alleged damages caused by MCFD and IH.

Backgrounder
NeurVana was founded in 2011 by David Kenney, an educator with 25 years of experience working with youth. A residential wellness centre in Kelowna, B.C., NeurVana provided a mix of programming to help youth approach behavioural and emotional challenges in a new way and realize their potential. Throughout the two years in operation, NeurVana helped over 100 youths find a new path to healthy living.

As of December 2013, NeurVana employed 16 full-time team members with extensive educational experience and backgrounds working with youth. NeurVana also employed 10 part-time employees and had contracts with local professionals to support with program delivery such as yoga, fitness classes, and art therapy.

Access court documents through the B.C. Supreme Court Filings:
1.Statement of Claim
Vancouver Registry S-1510090

2. Petition for Judicial Review
Vancouver Registry S-152531

More information: http://bit.ly/1TNHjcS

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NeurVana Recovery and Wellness Inc.
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