Judge throws out lawsuit filed by former DFFH general manager

A Court of King’s Bench judge has dismissed a lawsuit by former Mosaic Place (now the Moose Jaw Events Centre) and Yara Centre general manager Graham Edge as he seeks damages for wrongful dismissal. 

On Sept. 23, 2023, Justice Timothy Keene found grounds to dismiss the lawsuit and ordered that Edge pay $1,500 in legal fees. Named as defendants in the lawsuit were the Downtown Facility and Field House (DFFH), former Mosaic Place CEO Ted Schaeffer, former city councillors Brian Swanson and Scott McMann and current city councillor Crystal Froese. 

Edge was suing the DFFH board for damages for wrongful dismissal and was seeking damages for lost wages, “irreparable harm” to his reputation, suppressing “rampant verbal and sexual harassment in the workplace”, and treatment towards him before and after his dismissal. 

Schaeffer, Swanson, McMann and Froese were members of the DFFH board at the time of Edge’s dismissal. 

Keene cited Queen’s Bench Rules that Edge began his claim outside of the time limitation set out in The Cities Act, which outlines a one-year limitation to bring actions against a “city” for the recovery of damages. The judge ruled that the defendants were either “officers” or “agents” of the city. 

The judge looked at two factors to determine whether the limitations would bar the plaintiff’s lawsuits:  

1. Is the plaintiff’s actions against the defendants an action for the recovery of damages? 

2. When was the time that the damages claimed by the plaintiff sustained? 

Keene found part one was satisfied as Edge was suing the defendants for the recovery of damages from his dismissal. 

The ruling said Edge received notice of his termination from the DFFH board on or around May 25, 2018, and the damages arose on that day. According to the ruling, Edge presented a solicitor’s letter dated Jan. 17, 2019, to the city alleging wrongful termination and voicing his concerns. Keene’s ruling said that was enough evidence to show Edge knew all he needed to know as of Jan. 17, 2019. Keene found part two was satisfied. 

Edge filed the statement of claim on April 13, 2020. However, Froese, the DFFH and Swanson were served on April 24, 2020, McMann was served on April 25, 2020, and Schaeffer was served on May 20, 2020. 

Former city councillors Brian Swanson and Scott McMann and current city councilllor Crystal Froese were named in the lawsuit. (File Photos)

Edge claimed in his lawsuit that there were negotiations between the two parties that caused him not to consider issuing a lawsuit. In his ruling, Keene said he found no truth to Edge’s claim. 

Edge was the general manager of Mosaic Place (now the Moose Jaw Events Centre) and the Yara Centre for just over five months when he was dismissed in May of 2018 by the DFFH board. 

At the time, no information was released as to why Edge was fired. His lawsuit alleged he was fired for “incompatibility with staff.” 

He alleged in his lawsuit that he was fired “for reporting verbal and sexual harassment by an abusive employee.” 

During this time, the DFFH was riddled with scandals. 

Edge’s lawsuit claimed he received a complaint of verbal and sexual harassment against the DFFH’s director of operations shortly after he was hired, and he launched an internal investigation and notified the city’s human resources department. The lawsuit said eight women would eventually make allegations. 

According to the lawsuit, Edge brought his concerns to the DFFH board during an “emergency meeting” attended by Schaeffer, Swanson, Froese and McMann. Edge’s allegations say he recommended that the director of operations be fired, and his actions reported to police, but the board was split, and no actions were taken. 

A report to city council in 2018 stated that a private meeting was held but no records were taken and that there were gaps in information from meetings where notes were taken. 

The report says the board failed to provide support and give direction to the general manager with Board Chair Swanson telling Edge that no actions were to be taken without direction from the board. Froese then sought advice from the City's Human Resources Department, who suggested an external investigation, but the board didn't act on the advice. 

Shortly after, a staff meeting was held at the DFFH and educational programming was ordered. The next month Edge was fired. In the days that followed, according to the report, personal files were taken from his office by Swanson. 

In early July of 2018, there was a tip to the mayor from an unidentified source regarding the unaddressed complaints, prompting the external investigation and leading to the missing files being turned over to Swanson's personal lawyer before being returned to City Hall. 

The councillors were reprimanded by city council at the time for their actions. 

Following the sanctions in 2018, Froese did voice her regret for not following procedures, while Swanson has denied any wrongdoing. 

The statement of defense was filed on Aug. 21, 2020, citing that Edge’s contract was subject to a six-month probation period. The legal document said the reason for termination was due to “incompatibility with staff and relationships with third-party groups, which rendered him unsuitable for the position.” 

The statement of defense said, once the motion was passed by the DFFH board to relieve Edge of his duties, the DFFH paid all wages owed to him as per The Saskatchewan Employment Act and he continued to earn his salary until June 15, 2018. 

The defendants denied all other claims against them. 

There is no word as to whether Edge will be appealing the decision. You can read Keene's full ruling here.