Noba Anderson vs SRD not heard last week

Roy L Hales /Cortes Currents - Noba Anderson vs the SRD was not heard last week. Though the suit was scheduled for the assize week starting November 23, 2020, the courts are dealing with a heavy backlog of cases and it now seems possible the hearing will not take place until next January.

The origins of this suit go back to a legal petition that fourteen Cortes residents filed a legal petition against Regional Director Anderson for an alleged conflict of interest in the manner she carried out some of her duties. When the case reached court, the lawyers from both sides made a joint submission stating, “There is no basis for the declarations sought by the petitioners” and Director Anderson “did not accept a gift contrary to section 105 of the Community Charter.”

The current suit arose because the Strathcona Regional District subsequently refused to pay Director Anderson’s legal costs.

Last month, the SRD’s lawyer, James H Goulden, filed a response in which he argued, “The Disqualification Petition is not a ‘claim, action or prosecution’ and was brought against Director Anderson in respect of the alleged receipt of gifts that were not in connection with the 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.”

The SRD Board also censured Director Anderson for showing confidential documents to her lawyer, 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.”