By Dominic Abassi

Nanaimo Council drops lawsuit against mayor Bill McKay

Dec 27, 2017 | 2:32 PM

Nanaimo City Council is dropping a lawsuit against mayor Bill McKay.

A City news release issued Wednesday said Council unanimously voted to file a notice of discontinuance of the civil claim filed against McKay on Dec. 28, 2016.

“Given the time constraints and delays in the judicial system as well as the delays to address the issues by the respondent and his legal team, Council has chosen the alternative route of a censure hearing to achieve a meaningful outcome,” the release said.

The original claim against McKay asked the court to declare the mayor breached his duty to the City, acted against the best interests of the corporation and interfered with municipal employees. It also asked for judgement to recover the City’s losses, including a settlement paid to a former employee and legal fees.

It alleged McKay gave confidential information to a former employee which assisted their claim against the City.

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However, McKay was never served with the notice of claim, which was to expire Thursday, Dec. 28. A lawyer told NanaimoNewsNOW if a claim isn’t served within a year, a plaintiff must file for renewal.

In an email to NanaimoNewsNOW, McKay said he maintains the City’s legal action against him was “without substance and an attempt to abuse the process of the court.”

“While I welcome what should be an end to the City incurring unnecessary legal fees in this matter, I regret that I will not be able to defend my name against the City’s allegations in a court of law where the process is fair, transparent and unbiased,” McKay said.

He called on the City to reveal to citizens the legal costs incurred to date on proceedings against him.

McKay also challenged the City’s assertion of delays with the judicial system and his legal team. “I do not understand why the City was unable to (serve me) within the 12 months it had. I am easy to find at City Hall.”

Coun. Gord Fuller said the decision to drop the lawsuit was made to “save future legal costs to the municipality,” noting a guilty ruling would likely be appealed which would lead to further legal expenses.

He added the entire process has been “stressful and frustrating” and highlights “severe flaws within the Community Charter for meaningful rectification of wrongdoing.”

Coun. Diane Brennan said she was “glad” the lawsuit was ended.

“Discontinuing the legal action was a necessary step towards mending the relationships that for too long hampered our progress,” Brennan said.

Coun. Sheryl Armstrong said she felt it more appropriate to bring the issue back to the Council table.

When the majority of Council announced the decision to pursue legal action against McKay last November, they also outlined several other alleged wrongdoings by the mayor. However, an investigation by a special prosecutor found no grounds for charges, the Criminal Justice Branch announced in October.

The City has not yet responded to a late afternoon request for information surrounding legal expenses incurred to file the notice of claim against the mayor.

dom@nanaimonewsnow.com

On Twitter: @domabassi

Note to readers: This story has been updated again to include comment from Coun. Gord Fuller.