Roy L Hales/ Cortes Currents - On July 13th, Regional Director Noba Anderson’s lawyer filed a suit against the Strathcona Regional District (SRD), in the Supreme Court of British Columbia. She seeks repayment of her legal fees, from a frivolous lawsuit brought against her last year, and the dismissal of a subsequent SRD motion of censure. The case is to be heard sometime during the assize week starting November 23, 2020. James H Goulden just filed the SRD’s Response to Petition.
>>> Legal argument for not paying court costs
This document argues that the SRD’s Indemnification Bylaw only provides protection for officials “in connection with the exercise of of the official’s powers or the performance, or intended performance of the official’s duties or functions.”
“The Disqualification Petition is not a ‘claim, action or prosecution’ and was brought against Director Anderson in respect o the alleged receipt of gifts that were not in connection with the exercise of exercise of her powers or the intended exercise of her powers or the performance or intended performance of her duties or functions. The SRD is therefore not required to indemnify Director Anderson for the legal costs incurred.”
>>> Legal argument for censorship
The Response to Petition also confirms Anderson’s contention that she was censored for showing her lawyer confidential SRD documents, while seeking his legal advice.
According to the SRD’s Code of Conduct Bylaw, “information discussed or disclosed at closed meeting or the board” or marked as confidential “must not be disclosed or released to anyone.”
>>> Chronology of events
Thus when Director Anderson’s lawyer, Matthew Voeil, cited two of these documents, in a March 7, 2019 letter to the SRD, the Board perceived it as a violation of the Code of conduct.
In response, the SRD stopped providing Director Anderson “with closed reports to the Board respecting matters that relate to Director Anderson and to which Director Anderson may be in a conflict of interest with the Board.”
On April 15, the SRD’s legal counsel wrote Mr Voeill that these documents were confidential and “should be returned to the SRD or deleted.”
On May 1, 2019, Mr Voeill responded that “Director Anderson was entitled to disclose those documents to him.”
At their closed meeting a week later, on May 8, the Board resolved to not pay Director Anderson’s legal fees.
continued on the Cortes Currents website
