The provincial court small claims trial of former Didsbury CAO Roy Brown's allegation that he was wrongfully dismissed in 2015 will go to trial April 26, 2017.
The matter will be heard before a provincial court civil judge in Calgary on April 26, 27 and 28.
The trial had been scheduled for one day on April 28, 2016 in Didsbury.
However Judge E. J. Creighton ordered the change of venue to Calgary and a trial on three consecutive days to accommodate a joint request by the lawyers for both Brown and the Town of Didsbury.
In a written submission, Brown's lawyer Kenneth Reh and the town's lawyer Justin Denis said that 14 witnesses are likely to be called necessitating a trial of more than one day.
In his statement of claim, Brown is claiming $80,000 plus interest “under the Judgment Interest Act,” but “abandons that part of (the) claim that exceeds the financial jurisdiction of the court.”
There is a $50,000 limit on provincial court of Alberta civil judgments.
The $80,000 claim is made up of $50,666.67 for wrongful termination or breach of contract, $5,000 for lost benefits and $25,000 for “aggravated and/or punitive damages.”
“Counsel agree that it is not possible to hear the matter in a single day. There is great risk the trial would be bifurcated with potentially long gaps between hearing dates,” Reh and Denis wrote in their request to the court.
“Bifurcating the trial would be inconvenient to counsel and the parties, and splitting the evidence over two or more single-hearing days – separated by weeks if not months – could result in prejudice to the parties,” wrote the two lawyers.
The claim alleges that in June 2015, “Mr. Brown was placed on disability leave due to health issues (and) during his illness leave certain members of council commenced a campaign to discredit, embarrass and humiliate Mr. Brown.”
On Oct. 8, he “provided his doctor's confirmation that he was fit and able to return to work and that he would do so on October 13.”
He was advised by email Oct. 9 and by letter Oct. 12 that he was being placed on leave pending an investigation into “accusations of malfeasance”.
The two parties exchanged correspondence in October and November. Brown declined to meet with Town of Didsbury officials and provided written responses to what he considers the “false allegations” against him.
Brown was then terminated.
