DAY FOUR DEVELOPMENTS
Closing arguments expected in municipal dismissal case.
Closing arguments are expected to be presented today in the Supreme Court trial of a former Cape Breton Regional Municipality employee who is suing the municipality for constructive dismissal.
John Whalley, former director of economic development, resigned in May 2015.
He has testified that he felt he had no choice after the bulk of his responsibilities were shifted to others.
Tony Mozvik, lawyer representing the municipality, called three witnesses during the trial that began Monday. Blair Mitchell, representing Whalley, called two.
Supreme Court Justice Patrick Murray is not expected to deliver a ruling Friday and will likely reserve decision until a later date.
The final witness called Thursday was the municipality current chief administrative officer Marie Walsh who described Whalley as one of the best employees hired by the municipality.
“I think the world of him. He was one of our best employees,” testified Walsh.
Walsh told a Supreme Court hearing Thursday said she was shocked when she learned of Whalley’s resignation in May 2017.
Walsh testified that, like Whalley, she expressed concerns over the purchase of land in which the municipality agreed to waive property taxes and would assume environmental liability. There were also concerns that the municipality would be paying higher than market value.
“I would not recommend it (the deal),” she said.
The concerns were referred to the Department of Municipal Affairs. Then-CAO Michael Merritt and lawyer James Gogan, representing the municipality, attended the meeting. Gogan drafted the sale agreement.
In his testimony Thursday, Merritt said the department approved the deal.
Lawyer Blair Mitchell, representing Whalley, said a fairer description of the department’s response was that the municipality should follow the advice of their solicitor.
“What was communicated to me was that this agreement met the Municipal Government Act requirements,” said Merritt, adding he wasn’t sure if he passed the response on to Walsh, who at the time was the chief finance officer.
Two months before the deal was approved by council, Mayor Cecil Clarke signed an agreement outlining the sale and conditions.
Walsh said Thursday the signed letter would not be enforceable because all agreements need two municipal signatures and the approval of council.
The issue paper presented to council on the matter was prepared by Marlene Usher, the CEO of the new port board, and who at the time was on secondment from her federal job with the Atlantic Canada Opportunities Agency.
Whalley has testified that such preparation should have been done by a municipal employee.
Walsh said she felt that Clarke initially did not have confidence in Whalley but that did appear to change.