A two-day hearing in January will determine if Kamloops Mayor Reid Hamer-Jackson must pay his former lawyer David McMillan nearly $35,000.
Both men appeared before B.C. Supreme Court Associate Judge Jennifer Keim on Wednesday morning during a preliminary briefing that lasted approximately 35 minutes.
McMillan alleges the mayor owes him payment for services provided between 2021 and 2024.
Hamer-Jackson maintains they had an agreement the work would be done for free or on a contingency basis.
McMillan presented the judge with a binder full of documents detailing numerous unpaid legal fees dating back to 2021.
Keim has requested detailed affidavits from McMillan involving five files contained in the binder.
She also asked Hamer-Jackson to present all his evidence in response to McMillan within 60 days.
McMillan has until Nov. 15 to deliver updated documents.
Hamer-Jackson has to file his response by Jan. 10.
Mayor’s other court case could impact hearings
A court date has been set for Nov. 7 when Keim will determine if the main hearing should be closed to the public as one of the five files in question involves the mayor’s ongoing defamation lawsuit against Kamloops Coun. Katie Neustaeter.
Keim said she’s concerned about the risk of violating solicitor-client privilege if some evidence involving litigation strategies is heard in open court.
Hamer-Jackson was granted time to consult his new lawyer, Daniel Coles, about whether that evidence should be sealed.
McMillan told the judge he came prepared Wednesday to give all his evidence under oath.
Hamer-Jackson said it will take him a month to document years of correspondence and text messages he’s shared with McMillan.
The main two-day hearing is tentatively scheduled for Jan. 17.
Keim says she wants to give McMillan at least a week to review documents Hamer-Jackson must provide by Jan. 10.
Mayor represented himself in court
The judge encouraged Hamer-Jackson, who represented himself Wednesday, to get independent legal advice.
Speaking with reporters following Wednesday’s briefing, Hamer-Jackson said he doesn’t think he owes McMillan, whom he considered a friend, any money.
“Because he was doing stuff pro bono or or like it felt on a contingency basis for years,” he said.
The mayor also said he’s pleased Keim gave him more time to file a response.
“I did feel there was a lot of documentation missing,” he said. “Obviously, I believe that the judge probably thought so too.”
McMillan has declined to comment on the case while it is before the courts.
The mayor is expected to attend a separate hearing in November when Neustaeter plans to ask another judge to dismiss the lawsuit the mayor filed against her last year.