It appears that the a civil court case involving the City of Nanaimo and a former senior manager will be heading to a courtroom.
According to a notice of trial filed in in B.C. Supreme Court last week, a court date has been scheduled for Feb. 5, 2019, in Vancouver to deal with a civil case involving the City of Nanaimo and Rod Davidson, the city’s former manager of bylaw, regulation and security.
Davidson filed a civil claim against the city in March, arguing that the city breached its contractual obligations when they fired him without cause.
The former manager of bylaw, regulation and security was let go in September 2017 as part of an ongoing restructuring effort under Tracy Samra, the city’s chief administrative officer. Davidson’s claim accuses the city of firing him less than three months before his monthly pension benefits would have increased. Davidson’s claim, according to court documents, argues that because of his firing, he suffered and continues to suffer financial damages.
The city, which is seeking to have the case thrown out, responded to Davidson’s claim last month by denying any wrongdoing, but admitting that it did fire him without cause. The city, according to court documents, denies that Davidson’s firing caused him to suffer and that if he did suffer, it was because he failed to take “reasonable steps” to mitigate any losses or damages.
Davidson was given $52,046 in severance according to a city document obtained by the News Bulletin through a freedom of information request.
Nicole R. Howell, Davidson’s attorney, could not be reached for comment. Lana Tsang, the city’s attorney, did not comment and directed inquiries to John Van Horne, the city’s director of human resources. Calls to Van Horne were not returned.