Kamloops mayor Reid Hamer-Jackson speaking to reporters outside the Kamloops courthouse on Oct. 16, 2024.
(LEVI LANDRY / iNFOnews.ca)
October 17, 2024 - 6:00 PM
The hearing between the mayor of Kamloops and his former lawyer over allegedly unpaid legal bills might happen behind closed doors.
Mayor Reid Hamer-Jackson and his former lawyer, David McMillan, appeared in a Kamloops courtroom, Oct. 16, on opposing sides as the lawyer seeks to be paid for three years of services.
McMillan claimed he is owed more than $35,000 for work between 2021 and 2024 on five separate matters. One of them is still ongoing in BC Supreme Court with a new lawyer.
Flagging the possibility that evidence related to Hamer-Jackson's defamation claim against fellow councillor Katie Neustaeter could come out in the hearing, associate judge Jennifer Keim said it's possible the hearing could be closed to avoid the risk.
"Evidence doesn't always proceed in a neat and tidy little box," she said, raising concerns that Hamer-Jackson's testimony while under oath could affect the other matter.
McMillan said he didn't expect direct evidence about the civil claim would be presented, one that he had initially filed before Hamer-Jackson found a new lawyer, and that evidence would come out as they addressed legal fees.
Hamer-Jackson, however, said he would like to take the opportunity to keep the hearing private.
"Yeah, close (it) to the public so the other lawyers can deal with that case," Hamer-Jackson said.
They will return to court in November at which time Keim is expected to decide whether or not the public will be kept out of the hearing. She then gave McMillan a 30-day deadline to officially submit his evidence to the court and another 60 days for Hamer-Jackson to respond.
McMillan had already compiled a binder of material, including communications and legal documents showing his work. He previously told iNFOnews.ca he offered Hamer-Jackson a chance to contribute his own material, which went unanswered aside from some text messages.
Hamer-Jackson told the court Wednesday he does have his own evidence to contribute.
"I've got years of WhatsApp conversations, text messages, emails... that I just recently found," he said.
Kamloops mayor Reid Hamer-Jackson (right) with friend and advisor Arthur Loring (left) seen after leaving the Kamloops courthouse on Oct. 16, 2024.
(LEVI LANDRY / iNFOnews.ca)
The hearing is expected to take two days and might start as early as late-January. McMillan will first have to convince the judge he was retained by Hamer-Jackson for all five matters in those three years, then he will have to show the fees he charged were reasonable for the work.
McMillan represented himself and Hamer-Jackson was not represented by a lawyer. Keim did give permission to Hamer-Jackson's friend and advisor Arthur Loring, owner of the local arcade Fun Factor. The mayor told the court Loring was volunteering.
Loring sat beside Hamer-Jackson and whispered to him as the mayor considered whether to seek a private hearing and helped consult the mayor's calendar when looking for a hearing date.
Outside the courthouse, Hamer-Jackson continued to say McMillan was a friend and had taken on the work either pro bono or on contingency.
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