Edge Court Case Dismissed
By Robert Thomas
The lawsuit brought by the former general manager of what was once called the Moose Jaw Downtown and Soccer/Fieldhouse Facilities (DFHF), Graham Edge, barring any appeal, is now over after Justice Timothy J Keene has ruled in favour of the five defendants.
The individuals named in a Statement Of Claim filed by Edge on April 15, 2020 were Councillor Crystal Froese as well as former Councillors Brian Swanson and Scott McMann as well as then Parks and Recreation and now former director Ted Schaefer.
Additionally the City owned, Moose Jaw Downtown and Soccer/Field House Facilities Inc was named in Edge’s Statement Of Claim.
All four individuals were the members of the now defunct DFHF board.
Under Justice Keene’s decision Edge’s lawsuit was dismissed plus costs of $1,500 were awarded for the defendants in the civil case.
LEGAL TIME LIMIT
The reason for the dismissal is Edge failed to bring the matter before the Court within the legal time limit to do so.
Edge, who had served as the general manager of Mosaic Place and the Yara Centre from January 15, 2018 until his dismissal on May 24, 2018, sued the members of the operations board which included at the time three councillors and the former director of the City’s parks and recreation department.
Edge did not file his Statement Of Claim until April 15, 2020. This is just under 23 months following his termination by the DFHF board.
Justice Keene wrote in his decision the lawsuit was dismissed “on the basis it was commenced outside the limitation period nor served during that time contrary to s. 307(1) of The Cities Act.”
Section 307(1) of The Cities Act
The Cities Act only allows a plaintiff to file within one year of an incident against a city.
Edge’s Statement Of Claim was made just under 23 months after his termination.
Edge claimed he was unable to file within the one year time limit as the defendants “acted in bad faith for failing to provide crucial documents” to file a Statement Of Claim or a lawsuit (civil action) within the time limits of the Cities Act.
It was an argument soundly rejected by Justice Keene who stated Edge’s solicitor had sent the City of Moose Jaw a detailed demand letter on January 17, 2019 which outlined the reasons why the City of Moose Jaw owed him money.
Justice Keene noted the detailed demand letter to the City contained “his employment had been wrongfully terminated and particularizing his concerns as follows:
i) … “it is my view that the City of Moose Jaw failed to protect my client”;
ii) “Graham Edge came forward and took a stand against M.F.” (anonymized by the court);
iii) “the City of Moose Jaw failed to abide by their own policy when my client reported a potential breach of Policy by another employee. In accordance with the Policy, my client was supposed to be protected from retaliation for such reporting”.
(Affidavit of Graham Edge sworn May 19, 2023, at para. 2, Exhibit G)”
“Therefore in the court’s opinion, there is ample evidence that Mr. Edge knew all he needed to know on or about May 25, 2018 and most certainly by January 17, 2019,” Justice Keene further wrote.
In that detailed demand letter Edge had sought seven months of salary from the City. Something the City declined to do.
WHAT WAS IT ALL ABOUT
In his deposition Edge claimed he was dismissed from his employment as the DFHF (correctly known as DFFH - Downtown Facilty and Field House) general manager because he was investigating allegations of sexual harassment at the DFHF.
Edge claimed because of this investigation he was terminated because of what it might expose.
The allegation made by Edge was the four board members knew about the allegations of sexual harassment by an unnamed male employee against female employees at the facility but did little if anything about it.
When Edge started his investigation into the sexual harassment allegations he claimed the DFHF board terminated his employment.
None of the allegations were ever proven in a court of law.
Graham Edge speaks at Council when he was the general manager of the DFHF - MJ Independent file photo
For their part the DFHF board denied Edge’s claims about his being dismissed as payback for conducting an investigation and going to the then Human Resources director Al Bromley with his investigation.
The Board’s position was Edge was being terminated because he had failed his six month probation period. There was no other reasons was the DFHF board’s position.
NEGOTIATIONS CLAIM REJECTED
In arguing to allow the civil suit to continue Edge’s legal response was the case never moved further within the time limit was because he was in negotiations with the City to settle.
It was an argument soundly rejected by Justice Keene who said the opposite was the truth of the matter - there never were any negotiations.
I “will also add that the issue brought forward by Mr. Edge that somehow there were ongoing negotiations or some sort of estoppel between the parties that caused him not to consider issuing the Claim, is without merit.
“There is no evidence that the parties were actually engaged in any form of bona fide negotiations .
In fact in my opinion, the opposite is true. ”
There is no evidence that the parties were actually engaged in any form of bona fidenegotiations.
In fact in my opinion, the opposite is true.
Mr. Edge may have contacted the City from time to time but at no time did the City engage in any form of negotiations or reply to his overtures.
In short there is nothing that would extend the limitation period.
CONCLUSION
In his final decision Justice Keene wrote the following:
“I order that the plaintiff’s entire Claim against all of the defendants is struck. Mr. Edge’s application is dismissed. In considering costs, I have decided to fix costs against Mr. Edge at $1,500 by way of a single set of costs for all proceedings and disbursements, including this application to strike and Mr. Edge’s dismissed application.”
Please note MJ Independent applied bold to the text to emphasize it.
Edge has 30 days from the day the decision was handed down to file an appeal.
FALLOUT
The claims by Edge led to an internal investigation and other Council members of the day behind closed doors investigating, hearing and then voting to pass sanctions against the three councillors.
The sanctions passed are listed here.
Councillor Scott McMann stated that the councillors sanctioned at the time had been railroaded and the real truth was not being released to the public.
The entire issue grew into what was called the DFFH scandal.
The story was publicly broken by the MJ Independent.
See Related: Me Too Hits Moose Jaw Twice
The scandal would mushroom into an online petition aimed at forcing the resignation or removal of Councillor Brian Swanson.
SEE RELATED - Mayor Speaks Out
In a lengthy investigative report MJ Independent was able to find then Mayor Fraser Tolmie had conducted one secret meeting with the people behind the petition.
According to two people who attended that meeting they were part of a conspiracy to force then Councillor Swanson to resign or other actions taken. Both said they were dupes and used by political forces out to get Councillor Brian Swanson.
SEE RELATED - The Petition