Discover Moose Jaw is counting down the top-15 stories of 2020. In the number 15 spot is the Downtown Facility and Field House lawsuit.
A statement of claim was filed at the Moose Jaw Court of Queen's Bench on April 14 by former Mosaic Place general manager Graham Edge against the Downtown Facility and Field House (DFFH), including three city councillors.
Named in the lawsuit are councillors Brian Swanson, Scott McMann and Crystal Froese as well as former Mosaic Place CEO Ted Schaeffer.
Edge is suing for wrongful dismissal, damages and lawyer fees.
The lawsuit says Swanson, McMann, Froese and Schaeffer “had a responsibility to be aware of the internal policies created by DFFH and they failed to learn or engage those policies.”
At the time, no information was released as to why Edge was fired. In the lawsuit, it said the reason given was for “incompatibility with staff.
Edge claims in the lawsuit he was fired "for reporting verbal and sexual harassment by an abusive employee."
During this time, the DFFH was riddled with scandals.
In the lawsuit, Edge claims he received a complaint of verbal and sexual harassment against the DFFH's director of operations shortly after he was hired and launched an internal investigation and notified the city’s human resources department.
The lawsuit says eight women would eventually make allegations.
According to the lawsuit, Edge brought his concerns to the board during an "emergency meeting" attended by Schaeffer, Swanson, Froese and McMann. Edge recommended the employee be fired and his actions reported to police at that meeting, but the board was split and no action was taken.
A report to city council in 2018 stated that private meetings were held, where no records were taken and also indicated that there were gaps of information for 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. Coun. 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 Coun. 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 three councillors have not commented about the lawsuit as it is before the courts.
Mayor Fraser Tolmie released the following statement later that week:
"The City was thorough in its response at the time of the investigation and Council acted within the full extent of our authority under the Cities Act. I cannot comment any further as the matter is now before the courts."
The DFFH board was dissolved in 2018 for the second time. The first time was in 2016 over mismanagement. Council has since dissolved and liquidated the board.
The lawsuit says Edge is seeking damages for loss of wages, loss of pension, "irreparable harm" to his reputation, suppressing “rampant verbal and sexual harassment in the workplace” and treatment towards him before and after his firing.
A statement of defense was filed.
The defendants, Councillors Brian Swanson, Scott McMann and Crystal Froese along with former Mosaic Place CEO Ted Schaeffer deny any wrongdoing in response to all allegations in Edge's statement of claim.
The legal document, which was filed in Moose Jaw on August 21st, 2020 cites that Edge’s contract stated he was subject to a six-month probationary period.
Edge assumed responsibilities as general manager on January 15th, 2018 and was terminated on May 25th, 2018 as the result of a motion passed unanimously at a board meeting the day prior.
According to the legal document, the reason for termination was due to "Incompatibility with staff and relationships with third-party groups, which rendered him unsuitable for the position."
Once Brian Swanson, Scott McMann and Crystal Froese passed a motion to relieve Edge from his duties, the DFFH paid all wages owed to him as per The Saskatchewan Employment Act. He continued to earn his salary until June 15, 2018.
The defendants deny all claims, including the following:
- Edge’s firing was related to or caused by, his investigation or reporting of an employee to the board
- Edge’s termination was retaliation as alleged in the statement of claim
- They minimized, undermined or suppressed Edge’s investigation into personnel issues with staff at the facility
- They are liable for breaching a portion of The Saskatchewan Employment Act and deny taking any discriminatory action against Edge
- They are liable for wrongful termination and paid out all the wages owed to Edge upon his termination
- They breached any duty of care owed by them under The Non-Profit Corporations Act
- They were negligent or breached any duty of care owed by them at all
- The nature and extent of the damages and loss claimed by Edge, put Edge to show strict proof.
- They caused irreparable harm to Edge’s reputation, as alleged in the claim
- Further, and/or in the alternative, the defendants claim Edge failed to mitigate his damages properly
- Lastly, they deny “any of their actions or omissions were suppressive, harsh, vindictive, or malicious, and deny that punitive or aggravated damages are recoverable” as alleged in several paragraphs of the claim
The defendants requested that Edge's claim should be dismissed with costs.
Thu, Apr 25, 10:00 AM
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