Facts: Victor Mema, former Chief Financial Officer for the City of Nanaimo, sued for wrongful dismissal and other claims after being terminated following allegations of misusing a city-issued credit card for personal expenses, which totaled over $14,000.
Issue: The key legal issue was whether Mema's civil claims, including wrongful dismissal, breach of good faith and honest performance, and intentional infliction of mental suffering, were barred by the statutory limitation period applicable to actions against municipalities, which is six months from the cause of action.
Court’s Ruling: The court dismissed the wrongful dismissal and unlawful termination claims as they were filed outside the six-month limitation period set for claims against municipalities. However, it allowed claims related to breach of good faith and intentional infliction of mental suffering to proceed, as these did not fall under the acts that could be lawfully done by the municipality.
Costs/Damages: The City of Nanaimo was awarded costs relating to the application on Scale B, but the exact amount of costs or damages was not specified in the provided text.
