Former Trail Administrator Challenges City’s Claims Ahead of Trial

UPDATE: A critical civil trial kicks off the week of March 2, 2024, in B.C. Supreme Court in Kelowna, pitting former Trail administrator Michelle McIsaac against the City of Trail. McIsaac is pushing for the court to compel the city to release documents it claims are protected by privilege, escalating tensions in an already contentious legal battle.

Just announced, McIsaac alleges that minutes from a closed council meeting on October 6, 2022, where her employment termination terms were discussed, should be made public. She claims the city acted in bad faith by not upholding the council’s decision after Mayor Colleen Jones took office later that month.

This case matters profoundly to local taxpayers, as McIsaac asserts her rights to nearly $124,000 in annual salary, pension contributions, and benefits following what she describes as constructive dismissal. The city, however, stands firm, arguing that McIsaac knowingly breached privilege by viewing the meeting’s recording.

In a legal response filed on January 12, 2024, the City of Trail seeks to dismiss McIsaac’s application entirely, maintaining that the meeting records are protected under solicitor-client and litigation privileges. They argue that McIsaac cannot benefit from her own alleged misconduct in accessing documents she was not authorized to view.

“The city has misrepresented what actually occurred during the end of my employment,” McIsaac stated. “It is disappointing that the city’s refusal to deal fairly with me is prolonging this litigation and costing the taxpayers significant amounts of money.”

As hearings unfold, McIsaac is also challenging the city’s legal team over objections raised during the June 2024 examination of Colin McClure, the city’s chief administrative officer. She is demanding the court overrule these objections to ensure full transparency and responses from the city.

McIsaac’s legal battle commenced in August 2023, where she filed her lawsuit claiming damages for constructive dismissal. She argues that the city’s refusal to resolve the issue amicably is detrimental not only to her but also to the local community financially.

As of December 2024, legal fees related to this case have reportedly reached nearly $32,000. The City of Trail insists it has acted within its legal rights and obligations regarding McIsaac’s employment termination.

The upcoming trial is set to bring major implications for both McIsaac and the City of Trail. Observers are keen to see how the court will navigate the complex issues of privilege and employee rights. Stay tuned for updates as the situation develops and the judge rules on the hearings taking place on January 19 and January 20.