The Strathcona Regional District’s (SRD) long, drawn-out battle with former Regional Director Noba Anderson appears to be over. On January 24 of this year, the BC Court of Appeal ruled the SRD was wrong to not pay Anderson’s defence costs during a litigation brought against her in 2019. The three judge panel also found they were wrong to censure Anderson for showing confidential documents to her lawyer. The SRD filed for leave to appeal this judgement. On Thursday, August 29, 2024, the Supreme Court of Canada dismissed their request and awarded costs to Anderson.
She informed Cortes Currents, “I’m very glad to put this long, expensive and unnecessary chapter behind me. I’m also profoundly grateful to have received so much support and love from this beautiful community through this absurd journey. May kindness continue to prevail!”
The case dates back to her re-election in 2018.
Fourteen Cortes island residents subsequently filed a legal petition stating “Anderson took money from her constituents for personal gain and a number of those same constituents received gifts and grants in return.”
The suit fell apart when it came to particulars. The alleged bribes were donations of between $20 and $100 made to a GoFundMe set up after Bernie Anderson’s cabin burned down in January 2018. Director Anderson was his daughter and, as Bernie had dementia, his legal guardian. None of the twelve cases cited as evidence could stand up to investigation.
When the case finally reached the Supreme Court of British Columbia, the plaintiff’s and defendant’s lawyers signed a joint declaration stating: “There is no basis for the declarations sought by the petitioners. The Respondent [ie Director Anderson] did not accept a gift contrary to section 105 of the Community Charter. Pursuant to s. 111(6) of the Community Charter. The Respondent is qualified to hold office.”
Judge R.A. Skolrood dismissed the legal petition and awarded costs to Anderson.
The Plaintiff’s lawyer had very little to say throughout these proceedings, but Harry A Wenngatz did claim his clients had been “put up to” making their allegations. He would not disclose the identity of the instigator.
None of the 14 plaintiffs have explained their actions and, as far as this reporter is aware, they maintain they were not accusing their neighbours of trying to bribe Anderson.
There have long been suspicions that the true instigators of this lawsuit were connected to the SRD.
In February 2019, then SRD Chair Michele Babchuk assured Cortes Currents that the Board had no involvement in the legal petition.
Cortes Currents: Can you say that about every single board member?
Chair Babchuk: “I can say with confidence that the board is not involved with the legal petition.”
Cortes Currents: Collectively?
Chair Babchuk: “To my knowledge, collectively.”
Cortes Currents: What about individually?
Chair Babchuk: “I have not had any conversations with any other Directors regarding this because my job is with the board as a whole. That’s all I can answer for at this particular time. The board as a whole is not involved in the legal petition and will not be involved in the legal petition.”
After the suit against Anderson was dismissed, the SRD announced they would not pay her legal costs. Instead, she was censured for disclosing confidential SRD information to her lawyer.
This led to the series of three legal battles, which ended on August 29, 2024.
Three years prior to this, on June 24, 2021, Justice Geoffrey Gaul ruled in favour of the SRD.
In paragraph 79 of his Reasons for Judgement, Gaul stated, “Ms. Anderson has the burden of proof in these proceedings. I am not satisfied that she has met that burden. More particularly, I am not satisfied that any of the impugned decisions are unreasonable, unfair or fall outside of the range of reasonable, acceptable outcomes.”
Earlier this year Gaul’s decision was set aside by the BC Court of Appeal which, as previously stated, ruled that the SRD should pay Ms Andersons’ legal costs and was wrong to have censured her.
The SRD petition to appeal the Court of Appeal’s ruling has just been dismissed by the Supreme Court of Canada.
Anderson served out her four year term as Regional Director, but did not seek re-election in October 2022.
Links of Interest:
- Court of Appeal Decision in Anderson vs SRD: Anderson’s appeal upheld (Jan 29, 2024)
- Noba Anderson vs the SRD Dismissed (June 25, 2021)
- No Conflict of Interest (June 11, 2019)
Top image credit: Noba Anderson after the Supreme Court of British Columbia dismissed the legal petition on June 10, 2019.
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Thanks for following through on this story over the years Roy. Well done. I have never been clear about what authority at the SRD censored Anderson. Was it the full elected board of the day? If so, was a count of the votes made public? This all would have been done in camera, with legal advice being given to the board by the board’s lawyer. As a result no board members would have been able to publicly comment on the advice given at the in camera meeting. It was apparently very bad advice.
So I have some other, related questions. How much did the SRD’s legal representation for taking this to the courts cost the SRD? Who was the board’s lawyer at the time of the censoring of Anderson? What was that lawyer’s salary? Is that person still employed by the SRD? If so, why?
Good questions, most of which I cannot answer. Chair Babchuk told me the decision to censure was made by the board collectively, which doesn’t tell us anything aside from the fact a majority must have voted for it.
This was the right decision.
Noba and the Cortes community deserve an apology from the petitioners and the SRD. Good for Noba for showing such grace under pressure.
I certainly agree that the Cortes Community and Noba deserve an apology from the 14 petitioners and the SRD. What a huge expense of our tax payers dollars, and for what purpose? To sow discontent in our community? For neighbours to file bylaw complaints against neighbours? The court of law and the court of common sense have ruled unanimously against the actions of the SRD. Well now, who should be held accountable? I think it’s David Leitch, as he is the CAO of the SRD with all decisions and actions of the SRD starting and ending with him. What an embarrassment for he and the SRD, to be the instigators of such a spitting match. If you are an elected Regional Director (or Mayor) and are sued by a constituent (or 14), it’s your regional district’s (or municipality) duty to protect you, as the Municipal Act clearly dictates. Why was Noba not protected? Why were her court costs not covered and why rather did the SRD hire a private investigator to investigate Noba? Why did David Leitch and other players on the Board decide on a modern day witch hunt? Now that justice has prevailed, how will the SRD account for their atrocious behaviour? Or will they try to sweep it under the rug?