Adjournment granted; Hamer-Jackson and Neustaeter scheduled to return to court in September

While the 45 day adjournment was granted to the mayor, it will actually end up lasting 76 days as Neustaeter’s application to dismiss the case is set to return to court the week of Sept. 22. Following the announcement Tuesday, Neustaeter told reporters she is “at peace” with the decision.

“If it was what he felt he needed to be able to say that this will be done in a fair process, and that he has the representation he needs, since he was clearly unable to do what he needed to do while self-representing, then so be it,” said Neustaeter. “I want justice to happen. I want it to be fair and I want it to be right. If that means waiting a little but longer than that is what we will do.”

During her ruling, Justice Hughes stated that her decision needed to be based upon the interests of justice, and ensuring that a fair trail could be held on the merits of the case. She found the request for a 45 day adjournment was reasonable, and also noted that Hamer-Jackson’s change in counsel did form a material change in circumstances.

Justice Hughes will remain on the bench for the September application to dismiss.

“Judges have a tremendously difficult job because lawyers like us come in and put some much material before them,” said Daniel Reid, who is representing Neustaeter. “It’s always better the more time a judge has with the material to get familiar with the parties and familiar with the issues. So I am very pleased that justice Hughes is seized of the matter in this case.”

While the mayor was granted the delay, he will be required to cover some of Nesutaeter’s costs. Hughes required that the mayor pay for all the work that Neustaeter’s lawyer did to prepare for this week’s hearing, as well as the mayor’s application Monday’s to have it adjourned.

As Neustaeter has been indemnified, that move results to money saved by Kamloops tax payers.

“I’m really grateful that this time the mayor will face some of the consequences of his own actions, and certainly this is one, it will be expensive for him,” said Neustaeter.

“The party who seeks the adjournment has to pay the costs associated with, in this case, my attendance, my preparation, and getting ready to go for the hearing,” added Reid. “What is a little but unusual is under the PPPA (Protection of Public Participation Act) is there is the ability for a defendant like councillor Neustaeter to seek reimbursement for all of the costs that were paid. In fact that is the default under this new legislation.”

The final decision on the amount of costs was put off until after the PPPA case is heard in September, as the dollar figure for Hamer-Jackson could increase if Neustaeter is successful.

The September hearing has been set as peremptory upon the plaintiff, meaning the application to dismiss will be required to move forward regardless of action or inaction from Hamer-Jackson.

“I’m very grateful, these stops and starts are really challenging, having to use my holiday time from work every time this happens so he can play these games at the last second has been very disruptive,” Neustaeter told reporters.

This is the third delay in the case, which was originally set to be heard last November.

Hamer-Jackson, along with his lawyer, declined to comment outside of the court house following the decision Tuesday morning.

by Michael Reeve

Adjournment granted; Hamer-Jackson and Neustaeter scheduled to return to court in September

Our Community