Tag Archives: Cortes Island Legal Petition

SRD Petition to Appeal Dismissed by Supreme Court of Canada

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. 

Continue reading SRD Petition to Appeal Dismissed by Supreme Court of Canada

Court of Appeal Decision in Anderson vs SRD: Anderson’s appeal upheld

On January 24th the BC Court of Appeal made known its decision in docket CA47620, the case of Anderson vs SRD. The three-judge panel found unanimously against SRD and in favour of Anderson.  They found that SRD was wrong in refusing to indemnify Anderson’s defence costs during a litigation against her in 2019, and wrong also in voting to censure her in that same year.

In this four-part special radio feature we’ll be revisiting the five-year history of this legal decision, and interviewing Noba Anderson about its significance — not just for Cortes island, but for all of BC. 

Continue reading Court of Appeal Decision in Anderson vs SRD: Anderson’s appeal upheld

Noba Anderson vs the SRD Dismissed

Editor’s note: The following report comes from someone who is not a lawyer, not familiar with legal terminology and will most likely change after written court documents with the correct terminology becomes available.  

In a phone- in- session starting at 9:15 AM on Thursday, June 24, Justice Geoffrey Gaul dismissed BC Supreme Court case S15097, Anderson vs the SRD (Strathcona Regional District)

Continue reading Noba Anderson vs the SRD Dismissed

SRD vs Anderson: Further Absurdity?

Director Noba Anderson’s legal challenge to what she claims is a history of consistently faulty process at SRD has elicited a response from SRD’s counsel. From Roy Hales’ recent coverage of the ongoing litigation:

Last month, the SRD’s lawyerJames H Goulden, filed a response in which he argued, “The Disqualification Petition is not a ‘claim, action or prosecution’ and was brought against Director Anderson in respect of the alleged receipt of gifts that were not in connection with the exercise of her powers or the intended exercise of her powers or, the performance, or intended performance of her duties or functions. The SRD is therefore not required to indemnify Director Anderson for the legal costs incurred.” 

The SRD Board also censured Director Anderson for showing confidential documents to her lawyer, while seeking his legal advice. 

According to the SRD’s Code of Conduct Bylaw, “information discussed or disclosed at closed meeting or the board” or marked as confidential “must not be disclosed or released to anyone.”

I find these responses quite interesting — actually, “gobsmacking” might be more accurate — and worth considering in more detail.

Continue reading SRD vs Anderson: Further Absurdity?

Noba Anderson vs SRD not heard last week

Noba Anderson vs the SRD was not heard last week. Though the suit was scheduled for the assize week starting November 23, 2020, the courts are dealing with such a heavy backlog of cases that it now seems possible the hearing will not take place until January, 2021.

Continue reading Noba Anderson vs SRD not heard last week