The relentless infighting at Nanaimo City Hall has taken a litigious turn.
In a first for Nanaimo and possibly all of Canada, the city has filed a lawsuit against its own mayor, Bill McKay, alleging he shared confidential information with a former employee.
The lawsuit claims McKay gave information to former administrative assistant Marilyn Smith, who was threatening legal action over a change in her job description.
The city alleges that confidential information strengthened Smith’s ensuing lawsuit, which the city settled out of court for an undisclosed amount.
In a notice of civil claim, the city says it wants McKay to pay for the amount his alleged leak cost taxpayers because he breached his duties as mayor by:
- Hindering or obstructing City staff in the exercise or performance of their human resources duties or functions.
- Assisting Ms. Smith in bringing a claim against the City.
- Providing Ms. Smith with confidential information, including a confidential email.
McKay has denied any wrongdoing in the case, saying he intends to vigorously defend himself.
“That’s an allegation at this point,” said McKay. “I just simply have to react in the fashion I believe a mayor should, which is to defend where necessary.”
According to court documents, the city is seeking a declaration that McKay breached his duty to the city and to the Freedom of Information Protection and Privacy Act.
The city also wants judgment for its losses or damages including the city’s payment of settlement to Marilyn Smith and the legal fees defending her claims.
Smith declined to provide a statement to CTV News.
In the last year, Nanaimo City Hall has been in the news largely for ongoing disputes between McKay and his council.
In November, council released a joint letter saying it was concerned over McKay’s conduct as mayor.
Among other things, it alleged the mayor was not transparent in his dealings with a foot ferry company wanting to establish a terminal in Nanaimo, and that he failed to declare gifts he received on a trip to China in 2015.
Councillors also asked the RCMP to investigate McKay over the allegations.
The Federation of Canadian Municipalities said it is not aware of a city ever suing its own mayor.
None of the allegations against McKay have been proven in court.
With a report from CTV Vancouver Island's Jessica Lepp
