Nanaimo Mayor Bill McKay hasn’t been served more than two weeks after the City of Nanaimo filed a notice of civil claim in the Supreme Court of B.C.
The City of Nanaimo is taking McKay to court over confidential information it says he disclosed to a former administrative assistant and was used in her claim against the city. It filed a notice of civil claim in the Supreme Court of B.C. Dec. 28, seeking court declarations that the mayor breached his duty to the city, the Community Charter and Freedom of Information and Protection of Privacy Act. The city also wants judgment for its losses and damages, including its payment of settlement money to Marilyn Smith, former administrative assistant in the mayor’s office, as well as its legal fees defending Smith’s claims.
According to the Justice Education Society’s website, a notice of civil claim must be served within 12 months of when it was filed in the court registry before it expires. The mayor told the News Bulletin on Friday that he has not been served, which has since been confirmed by City of Nanaimo spokesman John Van Horne, director of human resources.
“There’s a process to serve and that process at this point hasn’t been followed,” McKay said. “I am aware that there’s something there and I am aware that it’s been filed in the courts, but as far as the clock starting, so to speak, that doesn’t happen until after I am served.”
Van Horne said in an e-mail, the mayor's lawyer has been provided a copy of the notice of claim and has been in discussion with the city's lawyer to arrange proper service of the mayor at the convenience of the mayor.
The mayor has also not been served with regards to a petition 10 Nanaimo citizens filed in the courts Dec. 22.