Responding to a letter saying that he misled fellow party members, Okanagan-Shuswap MP Colin Mayes said the accusation is false.Mayes said that when he made the comments at September’s nomination meetings that he was not named in a lawsuit,
he did not have time to clarify his statement. He added that he felt the meetings were not a proper forum to discuss the suit.“My first reaction is that I’m not going to speak on the lawsuit because that is in the hands of the City of Salmon Arm,” he said. “The suit was filed against myself as the mayor and defended by the corporation of the City of Salmon Arm.”When asked whether the plaintiff in the suit, Greg Husband, would say he sued Colin Mayes or the mayor of Salmon Arm, Mayes answered, “He can say whatever he wants.”As reported in yesterday’s Vernon Daily Courier, a letter signed by 33 local Conservative Party members was sent to Stephen Harper alleging that Mayes “falsely advised” local conservatives that the former Salmon Arm mayor was not being sued.When asked if he misled fellow party members Mayes said he did not.“The thing that is disappointing is that these folks on the list, why wouldn’t they have phoned me up and said ‘could you explain it?’ and just sit down with me,” Mayes said. “They didn’t take the time hear the rest of the story.”The letter asked that the party take “appropriate action” as a result of Mayes’ comments. However it is unclear what, if any, action the party has taken to address the concerns stated in the letter.Party president Don Plett said that although he is aware of the letter, he does not know what action has been taken. He said that Mike Donison, the party’s executive director would likely handle any inquiry.“First of all the appropriate action is for there to be some sort of investigation to see if there is anything inappropriate,” he said.A message was left on Donison’s voice mail but he did not comment before press time. Mayes said the letter is a lingering reflection of the nomination, however, he would not confirm the undersigned were supporters of his nomination opponent, Dean Skoreyko.“I think if you take a look at the names on the list they were probably not my supporters at the nomination meeting,” he said. Thirty-three members out of 1,200 local Conservatives is a small number, Mayes added.Under the local government act, Mayes said that he is protected and that the City of Salmon Arm is paying for his defense. He said the act legislates that he can’t be sued as an individual.“I sat down with my lawyer and the city of Salmon Arm’s lawyer . . . they determined I acted as the executive officer of the City of Salmon Arm,” he said. “Both lawyers made that statement.”The lawsuit arises out of a letter Mayes wrote during the 2005 municipal election that allegedly libeled Husband, a candidate for mayor in Salmon Arm.Mayes refused to comment on the current status of the lawsuit and said that the City of Salmon Arm was handling the entire case. Carl Bannister, chief administrative officer for the city said that council is keeping the legal matter in camera and he would not comment on the legal action.
he did not have time to clarify his statement. He added that he felt the meetings were not a proper forum to discuss the suit.“My first reaction is that I’m not going to speak on the lawsuit because that is in the hands of the City of Salmon Arm,” he said. “The suit was filed against myself as the mayor and defended by the corporation of the City of Salmon Arm.”When asked whether the plaintiff in the suit, Greg Husband, would say he sued Colin Mayes or the mayor of Salmon Arm, Mayes answered, “He can say whatever he wants.”As reported in yesterday’s Vernon Daily Courier, a letter signed by 33 local Conservative Party members was sent to Stephen Harper alleging that Mayes “falsely advised” local conservatives that the former Salmon Arm mayor was not being sued.When asked if he misled fellow party members Mayes said he did not.“The thing that is disappointing is that these folks on the list, why wouldn’t they have phoned me up and said ‘could you explain it?’ and just sit down with me,” Mayes said. “They didn’t take the time hear the rest of the story.”The letter asked that the party take “appropriate action” as a result of Mayes’ comments. However it is unclear what, if any, action the party has taken to address the concerns stated in the letter.Party president Don Plett said that although he is aware of the letter, he does not know what action has been taken. He said that Mike Donison, the party’s executive director would likely handle any inquiry.“First of all the appropriate action is for there to be some sort of investigation to see if there is anything inappropriate,” he said.A message was left on Donison’s voice mail but he did not comment before press time. Mayes said the letter is a lingering reflection of the nomination, however, he would not confirm the undersigned were supporters of his nomination opponent, Dean Skoreyko.“I think if you take a look at the names on the list they were probably not my supporters at the nomination meeting,” he said. Thirty-three members out of 1,200 local Conservatives is a small number, Mayes added.Under the local government act, Mayes said that he is protected and that the City of Salmon Arm is paying for his defense. He said the act legislates that he can’t be sued as an individual.“I sat down with my lawyer and the city of Salmon Arm’s lawyer . . . they determined I acted as the executive officer of the City of Salmon Arm,” he said. “Both lawyers made that statement.”The lawsuit arises out of a letter Mayes wrote during the 2005 municipal election that allegedly libeled Husband, a candidate for mayor in Salmon Arm.Mayes refused to comment on the current status of the lawsuit and said that the City of Salmon Arm was handling the entire case. Carl Bannister, chief administrative officer for the city said that council is keeping the legal matter in camera and he would not comment on the legal action.**************************************
Is Colin Mayes protected?
Section 287 of the Local Government Act provides individual immunity to municipal employees who find themselves on the receiving end of a lawsuit. The section protects employees such as building inspectors, for example, who might be sued while doing work for the city. However, a lawyer at the Municipal Insurance Association of B.C. explains that the act does have some exceptions. In cases where the plaintiff is alleged to have acted with dishonesty, gross negligence, malicious misconduct or if the cause of action is libel or slander, the plaintiff can be sued as an individual. “If you think one exemption applies to you, you can name that person individually,” the lawyer said.
Section 287 of the Local Government Act provides individual immunity to municipal employees who find themselves on the receiving end of a lawsuit. The section protects employees such as building inspectors, for example, who might be sued while doing work for the city. However, a lawyer at the Municipal Insurance Association of B.C. explains that the act does have some exceptions. In cases where the plaintiff is alleged to have acted with dishonesty, gross negligence, malicious misconduct or if the cause of action is libel or slander, the plaintiff can be sued as an individual. “If you think one exemption applies to you, you can name that person individually,” the lawyer said.
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