City council and staff at the ground breaking of the new recreation complex last year. (file photo/paNOW)

By Susan McNeil

Lawsuit discontinued

Lawsuit against P.A. city councillor withdrawn

Sep 1, 2023 | 12:00 PM

A lawsuit filed by former councillor Evert Botha against current Councillor Dawn Kilmer and the City of Prince Albert has been discontinued.

Botha alleged that Kilmer voted on decisions regarding the new recreation complex project while a member of the board of the Prince Albert Raiders, which meant she was in a conflict of interest.

City Solicitor Mitch Holash gave Botha’s lawyer copies of the paperwork showing that Kilmer had resigned from the Raider’s board immediately after being elected in November of 2020.

“Mr. Botha did not accept the invitation to discontinue his lawsuit before Councillor Kilmer and the City each incurred legal costs to file evidence contradicting Mr. Botha’s public allegation. Nor did Mr. Botha retract or correct his public allegations or comments concerning Councillor Kilmer’s integrity and ethics,” stated an agenda item that will be presented to council at Tuesday’s regular meeting.

Botha has already paid over $4,000 for the costs of the legal action, which was credited to Kilmer.

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However, the private lawyer Kilmer hired cost $7,500 so council will be asked to cover the remainder, as the allegations were directed to her as a councillor.

No judge has issued a ruling on the allegations as they were withdrawn before any hearing.

Botha’s lawyer discontinued the action once he got a copy of Kilmer’s resignation from the Raiders board and the city clerk’s affidavit.

In his lawsuit, Botha had asked for Kilmer to resign and a by-election to be called, which would have cost the city about $75,000.

He also asked that the judge consider requiring Kilmer and the city to pay his legal fees.

Botha was on council representing Ward 3 for one term, ending after the 2020 municipal election when Tony Head won that seat.

Kilmer represents Ward 7.

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susan.mcneil@pattisonmedia.com