Thursday, November 21, 2013

DeGagne Trial starts Monday

As my readers' recall - Williams Lake Council announced that on Feb 6, 2013 that it was hiring Don DeGagne as its' new Chief Administrative Officer (CAO)

Then on Feb 28th, 2013 - the City announced that it decided it was not going to proceed with the hiring of Don DeGagne as its' CAO

On May 10th, 2013 - I published that Mr. DeGagne had served legal papers upon the City of Williams Lake seeking financial compensation for Williams Lake Council's decision to not proceeding to hiring him as the City's CAO.  Read that here

On June 6th, 2013 - The City of Williams Lake filed its' legal response to Mr. DeGagne's lawsuit claiming all of his allegations were without merit.  Read that here

On Oct 25th, 2013 in Vancouver - Lawyers for both parties (DeGagne and City of WL) entered into a process called "Trial Management Conference" where the following may be considered at that Conference:

(a) a plan for how the trial should be conducted;
(b) whether or not the trial or any part of it is to be heard without a jury, on any of the grounds set out in Rule 12-6 (5);
(c) amendment of pleadings within a fixed time;
(d) admissions of fact at trial;
(e) admission of documents at trial, including
(i) agreements as to the purposes for which documents may be admitted, and
(ii) the preparation of common books of documents and document agreements;
(f) imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions;
(g) directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial;
(h) directing that evidence of witnesses be presented at trial by way of affidavit;
(i) respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree;
(j) directing that the parties present opening statements and final submissions in writing;
(k) respecting when and how an issue between the party filing a third party notice and the third party may be tried;
(l) adjournment of the trial;
(m) directing that the number of days reserved for the trial be changed;
(n) directing the parties to attend a settlement conference;
(o) adjourning the trial management conference;
(p) directing the parties to attend a further trial management conference at a specified date and time;
(q) any other matter that may assist in making the trial more efficient;
(r) any other matter that may aid in the resolution of the proceeding;
(s) any orders the judge or master considers will further the object of these Supreme Court Civil Rules.

On Nov 25th, 2013 at 10am in the Vancouver Courts - the 4 Day Trial of Don DeGagne vs City of Williams Lake will commence.  Any persons (this could include members of WL Council or WL City Staff and Don DeGagne himself) who may have evidence to present will have already been told to be in Vancouver first thing Monday, Nov 25th am.

Once the trial wraps up, I don't imagine it would be too long before we have a decision by the trial judge, certainly either by Christmas or very early in 2014…

Should the City lose at trial - I wonder how much the City taxpayers' will end up paying Mr. DeGagne


1 comment:

Anonymous said...

George Cuff?