(ADAM PROSKIW / iNFOnews.ca)

The former executive director of a Kelowna women's shelter is suing UBC Okanagan alleging the university backtracked after it promised she'd be paid for work she did on a multi-year research project.

According to a Dec. 19, 2024, Notice of Claim, former Kelowna Women's Shelter executive director Karen Mason worked for four years without compensation on the understanding from the university's leadership that she would be paid.

However, Mason alleged that despite its assurances over the years, last summer it changed its position.

"UBC has been enriched and has benefited from Ms. Mason’s contributions to SOAR. This includes, but is not limited to, relief from having to compensate Ms. Mason for her time and labour working on SOAR and receipt of additional publicity, positive reputation, and grant funding," the court document said.

The court document said that in 2015 Mason was working as the executive director of the Kelowna Women’s Shelter when she began dating Dr. Paul van Donkelaar, a UBCO professor who specialized in brain injuries.

"While they were dating, Ms. Mason conceived the idea of exploring the potential intersection between intimate partner violence and traumatic brain injuries," the court document read.

In 2016, the couple founded the Brain Injury in Intimate Partner Violence research project which was a collaboration between the university and the Kelowna Women's Shelter.

It was funded with grants from UBC, with the assessment of participants happening at the women's shelter before the research took place at the university.

The university provided all the funding for the project and provided funding to the Kelowna Women's Shelter as part of the collaboration.

The project's official name became Supporting Survivors of Abuse and Brain Injury through Research, known as SOAR.

"From 2016 onwards, Ms. Mason contributed immensely to SOAR and its research, marketing, and operations. She presented to community agencies and conferences, recruited and supported research participants via Kelowna Women's Shelter, participated in media relations activities and media interviews, recruited and supported research staff, and conceived and conducted research surveys of women’s shelter staff and brain injury experts across the country," the Notice of Claim read.

In 2019, the federal government gave UBCO $1-million in funding for SOAR.

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Mason continued to work for SOAR, travelling worldwide by invitation to conferences, and co-presenting with Dr. van Donkelaar to more than 75 audiences.

She developed the organization's brand, connected with multiple other organizations and created educational resource materials as well as an online Concussion Awareness Training Tool course. She also worked to translate everything into french.

In late 2019, she resigned from the women's shelter, and Dr. van Donkelaar began discussions with the director of UBC about paying Mason for her work.

As the two were dating, the professor went to UBCO Conflict of Interest committee to ask for direction.

After meeting with the couple, the university drafted a proposal to create an employment position that Mason would have to compete for, and if successful, would be supervised by another senior member of the faculty.

The court documents said while the Conflict of Interest committee was on board with the proposal, UBC leadership was concerned about a conflict of interest.

"In June 2021 UBC advised that they could not pay Ms. Mason through existing grant funding, but if Dr. van Donkelaar could develop an acceptable conflict of interest management plan, she could be supported through future grants," the court document said.

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A conflict of interest management plan was ultimately submitted to the university.

"Given ongoing assurances from Dr. van Donkelaar’s UBC leadership, dean and director, and vice principal research, and expecting that the Conflict of Interest Committee would ultimately approve the management plan, particularly considering Ms. Mason’s contributions to SOAR to date and expertise, Ms. Mason continued to solicit and apply for grant funding and to work on, and represent, SOAR," the document read.

In March 2024, the project received a $1.6-million grant from the federal government over three years. The grant would cover 50% of Mason's salary.

However, months later the UBCO denied the conflict of interest management plan.

"This decision, which came as UBC was to sign the funding contribution agreement with (the federal government), created unforeseen barriers which caused further delays to the project starting and in SOAR’s work," the Notice of Claim read.

The court document said that "despite ongoing assurances from... leadership" Mason has not received any compensation from the university since she quit her job at the women's shelter four years earlier.

Mason accused the university of unjust enrichment and is suing for an undisclosed amount of damages.

"Mason suffered a corresponding deprivation in the form of unpaid labour, time and dedication to SOAR," the court document said.

UBCO have not responded to the suit.

"We are aware of this matter. As this is now before the court, we cannot comment to respect the legal process," UBCO told iNFOnews.ca.

None of the allegations have been proven in court.

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