2007 November 9

Allen v. Harrison Hot Springs (Village), 2007 BCSC 1622

The British Columbia Supreme Court declined to decide issues raised by the petitioning ex-mayor for indemnity for legal fees he was incurring to defend a defamation action by a municipal employee which arose from certain publications by the petitioner during the municipal election campaign in the fall of 2005. The day after the petitioner lost the election, the municipal employee was reinstated to his position by the new mayor and council and filed a statement of claim alleging libel, including certain publications by the ex-mayor on his personal website. The Court held that the claim for indemnity would be best decided after the defamation trial has concluded.