STATEMENT OF FACTS

1. The Plaintiff Jeff Colvin [hereinafter “Colvin”] is of Chestermere Alberta [“Chestermere”] and was at all material times a resident of the City, and served as the City’s Mayor from his election on October 18, 2021, until December 4, 2023, when Colvin was dismissed from his position by the Minister of Municipal Affairs pursuant to Ministerial Order MSD 076/23 (the “Dismissal Order”).
2. The Plaintiff Blaine Funk [hereinafter “Funk”] is of Chestermere and was elected as a Councilor in the City of Chestermere on October 18^th , 2021 as set out below.
3. The Plaintiff Stephen Hanley [hereinafter “Hanley”] is of Chestermere and was elected as a Councilor in the City of Chestermere on October 18^th , 2021 as set out below.
4. The Plaintiffs Funk and Hanley were at all material times residents of the City, and served as Councilors on City Council from their election on October 18, 2021 until December 4, 2023, when they were dismissed from their positions by the Minister of Municipal Affairs pursuant to the Dismissal Order.
5. At all material times, the Plaintiffs were “councilors” of the City as defined in section 1(1)(g) of the MGA. As councilors, the Defendants were all required to, among other things, discharge their duties and responsibilities with integrity and in the best interests of the City, including considering the welfare and interests of the municipality as a whole, and to follow all required procedures in the MGA related to the expenditure of City funds.
6. At all material times, in addition to being a “councilor,” Mayor Colvin also served as the “chief elected official” of the City, as defined in section 1(1)(d) of the MGA, and was therefore subject to additional responsibilities and obligations in addition to those required of As the City’s chief elected official, Mayor Colvin was at all times required to preside over meetings of Council, and to discharge his duties and responsibilities with integrity and in the best interests of the City.
7. The Defendant, the City of Chestermere (the “City”), is a municipality located and incorporated in Alberta pursuant to the Municipal Government Act, RSA 2000, c M-26 (the “MGA”) and the City is vicariously liable for the actions and conduct of the City officials defendants and other defendants as set out below.
8. The Defendant, His Majesty the King in Right of the Province of Alberta, as represented by the Alberta Ministry of Municipal Affairs ( hereinafter “the Ministry of Municipal Affairs”) and is vicariously liable for the actions and conduct of Minister McIver and Minister Shultz and other officials as appointed by them as set out below.
9. The Defendant Rick McIver also known as Ric McIver [hereinafter “McIver”] was the Alberta Minister of Municipal Affairs as described in the matters as set out below and the direction and supervision of the Ministry of Municipal
10. The Defendant George Cuff [hereinafter “Cuff”] was appointed to do an inspection of the operations of the Council of Chestermere by Alberta Minister McIver on May 11^th , 2022. The Inspection was completed and the Inspection Report issued March 15^th , 2023.
11. The Defendant Douglas Lagore [hereinafter “Lagore”] was appointed Official Administrator of Chestermere on September 28^th , 2022, by Minister McIver, and as set out

12. The Defendant Minister Rebecca Shultz hereinafter “Shultz”] became the Alberta Minister of Municipal Affairs as described in the matters as set out below and the direction and supervision of the Ministry of Municipal Affairs.
13. The Defendant Ritesh Narayan [hereinafter “Narayan”] is of Chestermere and was elected as a Councilor in the City of Chestermere on October 18^th , 2021 as set out below.
14. The Defendant Shannon Dean [hereinafter “Dean”] is of Chestermere and was elected as a Councilor in the City of Chestermere on October 18^th , 2021 as set out below.
15. The Defendant Sandy Johal-Watt [hereinafter “Johal- Watt”] is of Chestermere and was elected as a Councilor in the City of Chestermere on October 18^th , 2021 as set out below.
16. Mel Foat [hereinafter “Foat”] is of Chestermere and was elected as a Councilor in the City of Chestermere on October 18^th , 2021 as set out below.
17. The Defendant Harry Harker ( hereinafter “ Harker”) was appointed a CAO of the City on or about November 2021 and remained as a CAO of the City until January 18, 2022.
18. The Defendant Brenda Hewko ( hereinafter “ Hewko”) was appointed a CFO of the City on or about August 2016 and remained as a CFO of the City until December 2021.
19. The Defendant Tracy Radloff ( hereinafter “ Radloff”) was appointed a Human Resources Director of the City prior to 2021 and remained as a HR Director of until January 2022.

19A The Defendant Mike Fluker (hereinafter “Fluker”) at material times is a City employee,

 being an ex- RCMP investigator officer .

20. The Councilors Narayan, Johal-Watt, Dean and Foat were at all material times residents of the City, and served as Councilors on City Council from their election on October 18, On December 4, 2023, Councilor Foat was also dismissed from his position by the Minister of Municipal Affairs pursuant to the Dismissal Order referenced below.

Background

21. As set out below, the Plaintiffs, jointly and severally, claim against the Defendants, jointly and severally, for the losses and damages the Plaintiffs sustained by th e conduct of the Defendants, the causes of action arising from misfeasance in public office, defamation, harassment, and negligence (collectively the “Causes of Action”).
22. On October 18^th , 2021, the duly elected City Council of Chestermere consisted of: Mayor

• Jeff Colvin Councilors:
• Ritesh Narayan
• Mel Foat,
• Blaine Funk
• Stephen Hanley
• Shannon Dean
• Sandy Johal-Watt With the CAOs being
  • Kim Wallace

• Cam Wong
• Travis Filier

23. Prior to October 18^th 2021, the elected City Council consisted of: Mayor

• Marshal Chalmers Councilors:
• Ritesh Narayan
• Mel Foat,
• Laurie Bold
• Michelle Young
• Yvette Wagner
• Cathy Burness

With the CAOs being Bernie Morton

CFO being

• Brenda Hewko

24. In early 2022, the recently elected Mayor Jeff Colvin provided the Provincial Minister of Municipal Affairs [Minister McIver] with a report detailing information and detailing possible acts of corruption by some prior City Council Members and staff, including ex- Mayor Marshal Chalmers and CAO Harry Harker, and some of which relate to illegal use and theft of City funds, and relating to expenditures not properly disclosed or approved. This was in effect a report by the new City Council regarding prior City Council conduct [the “Prior Council Misconduct Report” ] regarding prior City Council Members .
25. At that time, regarding such initial Prior Council Misconduct Report by Mayor Colvin to Minister McIver:
26. it was not known by Mayor Colvin that the previous Chestermere Mayor Marshal Chalmers sister had been married to the Minister McIver;

1. subsequently being informed of such close relationship, Mayor Colvin requested that Minister McIver recuse himself from addressing any matters relating to the Prior Council Misconduct Report;

1. however, Minister McIver refused such recusal
2. In May 2022, Minister McIver issued a Ministerial Order for a formal inspection of the affairs of the City Council. In that regard, Goerge B. Cuff and Associates Ltd. [hereinafter together referenced as “Inspector Cuff”] were retained to conduct the Inspection.
3. Subsequently it became clear from the approach taken by Inspector Cuff that the Inspector Cuff had a preconceived direction, or bias, against Mayor Colvin and the councilors Stephen Hanley and Blaine Funk and Mel Foat, who had participated in the Prior Council Misconduct reporting. By way of background among many matters reported to McIver and Cuff:

The Plaintiffs’ had reported that the incurred construction costs for paving 2.5 miles of TWP Road 240 on the south–end of Chestermere were oddly not contained in its own project and costing file, but instead had been placed in various unrelated projects. In that regard:

• Typically, road paving costs for 2 lanes range $1 -$1.5 million a This cost for 2.5 miles, would be $2.5 – $4.25 million.
• Instead, when the costing was analyzed, the Plaintiffs discovered that this project cost over $16 million.
• This was reported to McIver for the province, and then to the RCMP, to look into (a) who did the work and (b) to trace funds.

Instead all of Plaintiffs sought investigations were halted. An investigation was not proceeded with by the Investigator Cuff.

1. When it became known that the Plaintiffs were investigating costings of past projects for corruption, a developer came forward to the Plaintiffs with evidence of alleged $6 million in kickbacks and money laundering for the Kinniburgh Bridge Project:

• It was determined that initially the City and developers had 3 quotes between $3.5 million and $4 million to complete the project. Then the city brought in a new project manager; engineers were changed and the project cost was then to cost $10 million;
• being concerned, the developers told the City that the developers could not afford that $10 million cost, and the project could not proceed.
• The City told the developers that the increased cost would be paid by the City;
• the bridge contractor confirmed later that cost paid to the Contractor was $4 million;
• the issue then became who received the increased $6 million differential;

This was reported to McIver and the province and RCMP, sinking an investigation of the engineer and tracing the funds. An investigation was not proceeded with by the Investigator Cuff.

1. A developer brought forward questioning in respect of a $10 million storm management pipe being installed, rather than the City tying into the existing storm water underdrain. The Plaintiffs were told to look into the recipient of this contract and to trace the money. It was determined:

• that this $10 million stormwater pipe expenditure could not help the City, and would cost a further $10 million to $15 million to resolve.
• that both city and developer engineers had earlier recommended, instead, tying into the current purpose-built, but under-utilized storm water underdrain for

$700,000.

This $10 million stormwater pipe expenditure was brought forward to McIver, to the province and to the RCMP to investigate and trace the funds,. An investigation was not proceeded with by the Investigator Cuff.

1. Further, the Plaintiffs reported to McIver that the CUI lift station 13 was massively over built over charged, and was improperly designed, currently causing nearby residents along Rainbow road to have to live in and with a terrible sewage smell. It

was poorly designed such that the City used only approx. 5% of its capacity, approx. 50 litres a second. Due to the flow rate being so low, sewage pumps could only be turned on intermittently, to wait for enough sewage to build up in the City pipe lines along rainbow road to pump properly for a very short interval. This situation resulted in massive smell issues, an improper use of infrastructure monies, and was dangerous. Due to this negligent design, the city wastes approx. $1million a year pumping oxygen into the pipes, which gas is dangerous to explode with sitting sewage and results in a terrible smell to nearby residents.

This plant initially was designed cost of approx. $8 million but its completed cost was approx. $24 million, therefore massively over budget. The Plaintiffs sought a review into the design engineering firm, and an audit of the procurement and tracing of funds. The Defendants Cuff and McIver would not permit the investigation, and the review and the audit was halted and they then did not disclose this to the public during their inspection.

• Although the following information was shared with Cuff, the information was not included in the Cuff Inspection Report. In the result, the Plaintiffs brought the information to Council for review and on September 27, 2022, the City Council passed a duly ratified motion to approve an independent law firm, to investigate such However, in the face of the Council Motion to investigate:
  • Within the next 20 hours more or less, Minister McIver signed an Order to install his administrator Doug Lagore to stop and block this investigation. This was an extreme conflict of interest, as the investigations involved his brother-in-law Marshal Chalmers [past mayor of Chestermere], wrongdoing by the RCMP and the Deputy Minister of Municipal Affairs Gary Sandberg, as well as wrongdoings by councilors Shannon Dean, Ritesh Narayan, and Sandy Watt.
  • In furtherance of interfering with the Council’s Motion to investigate the past conduct of Prior Council, Councilors Shannon Dean, Ritesh Narayan, and Sandy Johal-Watt joined with McIver and to the appointed Provincial Inspector , to block such Investigation.
• The Council directed Investigation of September 27th , 2022 was to investigate and was in the context of the following:

1. It had been determined that, shortly after the October 2021 Election, without Council approval, Councilors Dean, Watt and Narayan with false claims purported to retain the then lawyer acting for the City, Richard Jones, to initiate proceedings against Mayor Colvin, and Councilors Funk, Hanley and Thereafter Councilors Dean, Narayan, and Watt made false, slanderous, statements to public.

1. Dean made false statements to McIver, Sandberg and other Municipal Affairs staff, stating that “Questica Access” was only provided to Hanley and contrary to permitted municipal governance matters . This false allegation was despite

read -only access was permitted to all Council following a Council Motion 072- 22, January 18, 2022 , passed unanimously.

1. On February 10, 2022 , Councilors Dean, Watt and Narayan made false statements in a letter to McIver and Municipal Affairs, to the effect that the Designated Officer Bylaw was not reviewed by legal , counsel nor legislative services, and did not have the division of duties included. In fact, the Bylaw had been approved by Council unanimously, had been reviewed by legal counsel, and by legislative services, with the CAO recommending the Motion to approve the Designative Officer Bylaw.

1. On February 10, 2022, Councilors Dean, Watt and Narayan made false statements in a letter to McIver and Municipal Affairs, stating the purchase agreement for the Webster Lands had not been discussed with nor approved by Council. In fact,

• Councilor Dean had authored a Motion to accept council discussing the Webster Lands, and a Motion accepting the ratified Webster purchase
• Both Motions had passed council
• Council’s first discussion on the sale of Webster lands was December 21, 2021 with updates to Council December 31, 2021.
• Council’s Motion to accept the sale agreement and Webster discussion passed unanimously on January 3, 2022.

1. On February 10, 2022, Councilors Dean, Watt and Narayan made false statements in a letter to McIver and Municipal Affairs, stating that Councilor Hanely and his late wife had deceived the public regarding wrong property tax The City legal counsel and Alberta Ombudsman subsequently confirmed the Hanleys had been correct.

1. On February 10, 2022, Councilors Dean, Watt and Narayan made false statements in a letter to McIver and Municipal Affairs stating that Councilors Hanley, Foat and Colvin were taking over an entire wing within City Hall, thereby displacing staff without discussion with City staff. In fact, on December 8, 2021 the chief of staff introduced to the Mayor and to Councilors Foat and Hanley their options for These options included a half of one side of only the main floor wing of City Hall;
   • there were no staff working in this
   • one staff member had been provided with a new office, though she had never been there and worked from home.

1. Without Council approval, Councilor Narayan had been covertly communicating with Gary Sandberg of Municipal Affairs and with RCMP Officer Focally, Gary Sandberg of Municipal Affairs did not want any communication to be in writing and sought only to communicate on Sandberg’s personal cell phone. This is highly irregular and improper, to have unauthorized conversations only on Deputy Minister’s private cell phone, with no written records, regarding City business. On March 8th 2022, Councilor Watt, without Council approval, met with RCMP officers Stubbs and Klassen, in furtherance of this impropriety.

1. On March 29, 2022 , Councilors Narayan and Dean acting with RCMP Stubbs, with confidential City files made false claims that CAO Mark Wolynice had disclosed confidential data containing all City staff social insurance information, pay amounts and addresses, throughout the City, thereby advancing that such conduct warranted removal of CAO Mark Wolynice. Councilor Dean had forwarded this false information to Councilor Narayan who then proceeded to change information, by removing the fact that RCMP and Councilor Deans were the initiators and additionally removing the subject information of “fwd.: Copy of CPO Fire 2022 Operating Budget Comments for Mark Wolynice to Document Breach”, thereby misrepresenting the actual merits, in order to falsely accuse and misrepresent that a normal, confidential, City Budget, which CAO Mark Wolynice had sent to his department heads, in fact had no staff social insurance numbers, no staff salaries, and no staff addresses, as falsely alleged.

1. On March 29, 2022, the Anchor newspaper referenced statements by Councilors Narayan and Dean which were false , about what had occurred in Council regarding the Mayor and Council; to the false effect that the Mayor and Council had turned down and were not permitting honest or impartial These statements were false and breached the City Code of Conduct for knowingly presenting false information to the public.

1. On March 11, 2022, it was discovered, that wrongfully without Council motion, Narayan was directing the City IT company to block the Mayor and Councilors, the CAOs, and City staff from accessing City computers.
2. On June 14, 2022, it was discovered that, without a Council motion and completely outside of authority and role as a Councilor, Narayan wrongfully had met with the banker for the In effect, Narayan had improperly asked the Bank manager to demand the City loans, undermining the Mayor’s and Councilors’ term and governance, and thereby purporting to justify removal of the new Mayor Colvin and the new Councilors. A few weeks later, despite the fact that the City has never missed any debt payment, the Bank did cancel

all excess room on the City’s lines of credit and transferred the City accounts from Calgary to problem accounts in Toronto.

1. On June 20, 2022, Narayan admitted to publicly claiming that the Mayor had been committing a crime of wiretapping; which claim by Narayan was false.

1. On July 22, 2022 ,Narayan was determined to be encouraging KPMG to breach client confidentiality by disclosing City financial information to Marshal Chalmers [the past-Mayor and Minister McIver’s ex brother in law] and to ex-CFO Brenda Hewko. In context:
2. The City was incurring major problems with City Auditor and its 2021 KPMG would not sign off on the 2021 City Audit.
3. In the result, a new auditor was required to commence and to finalize completion of the 2021 City Audit.

Insofar as new Councilors and the Mayor Colvin were attempting to initiate full investigation into the financial conduct of the prior to October 2021 Election City Council and its former Mayor, this KPMG situation purported to be the grounds to remove the Councilors and to remove the new Mayor Colvin who were pushing such financial investigation.

28. On November 2, 2022, a Draft Cuff Inspection Report was released to all members of Council and the CAO’s. This was inaccurate.
29. Subsequently, Minister Rebecca Shultz replaced Minister McIver, and her offices were provided with documentation from the Plaintiffs showing:

• the facts stated in the Draft Cuff Inspection Report were not factually correct;
• that issues of corruption were being covered up;
• that an attempt at falsifying evidence for a criminal matter had occurred; and
• that procedural fairness and natural justice were not followed in respect of the Cuff Inspection investigation.

30. On March 15^th, 2023, the Final Cuff Inspection Report was released at a public event held at the Chestermere Recreation Centre with residents of the City in attendance. Mayor Colvin and the councilors Stephen Hanley and Blaine Funk and Mel Foat were not permitted to be present nor have an opportunity to answer any questions at such Public Presentation, nor to provide any clarification or rebuttal.
31. The Final Cuff Inspection Report, as released to the public on March 15, 2023, does not provide evidence within such Report to support the stated allegations of misconduct by the Plaintiffs. In that regard:
32. the Plaintiffs as Mayor and Councilors were not provided with the stated allegations of misconduct that formed the grounds for the Minister McIver to initiate the

1. the Plaintiffs as Mayor and Councilors had not been provided with the stated facts relating to allegations of their misconduct forming the grounds used to initiate the inspection., nor an ability to respond to such allegations.

1. the Plaintiffs as Mayor and Councilors were not permitted to question the persons that made the allegations, nor provided an opportunity to rebut the allegations.
2. On December 4, 2023, by reasons stated in Ministerial Order MSD:07623, the Mayor Jeff Colvin, the City Councilors Stephen Hanley, Blaine Funk, Mel Foat, and the CAO Kim Wallace, CAO Travis Filier, and the CAO Cam Wong, all were immediately removed from office. As set out herein, such removal was unfounded, not warranted, and wrongful.
3. Other City Councilors were not discharged: being the Councilors Ritesh Narayan, Shannon Dean, and Sandy Johal-Watt.
4. The Mayor Colvin, and the Councilors Foat, Hanley, and Funk as well as the CAO Kim Wallace, CAO Travis Filier and the CAO Cam Wong, were publicly removed from the City Office, without due process, or notice, compensation, or severance (the “Removal of Certain City Council Officers”) .
5. By such public termination and removal of Office based on wrongfully stated, and unproven, false grounds, without due process, all Plaintiffs herein suffered damage to reputation, and impaired our ability to find gainful employment and business activity.
6. Section 571 of the Municipal Government Act (the “Act”) provides that the Minister of Municipal Affairs (the “Minister”) may direct an Inspection and appoint an Inspector on “any matter connected with the management, administration or operation of any municipality” on the Minister’s initiative, on the request of the Council of the municipality, or if the Minister receives a sufficient petition.
7. In contrast, in March 2016, Municipal Affairs reported purportedly having received a petition with 5400 signatures requesting an Inspection in respect of a municipality, and despite that Petition Municipal Affairs did not commence such an Regarding what transpired in 2021 in Chestermere purportedly justifying an Inspection:
8. Gary Sandberg of Municipal Affairs admitted that Municipal Affairs had received less than 37 letters, most of which comments had nothing to do with complaints against Council;
9. Some these letters had fake Facebook profiles; and
10. Some letters were from Councilors Ritesh Narayan, Shannon Dean, and Sandy Johal- Watt, laden with comments, easily demonstrably false.

There was no such 2021 Petition as the Municipal Affairs has falsely stated.

38. Assistant Deputy Minister of Municipal Affairs Gary Sandberg further admitted in sworn affidavit November 23, 2023 that Mayor Chalmers’ Council from 2017 to 2020 had

“Deficits shown in all four years with a consistent negative trend. The deficit increased by 56 per cent from 2017 to 2020…. The City had annual deficit of

$7,070,088 for 2020.”

39. This was in contrast with Mayor Colvin’s Council which had reduced wasteful spending, had reduced the City tax mill rate by 30%,and which was the largest reduction in the history of Chestermere, becoming the lowest taxed- rate city in the Province.
40. Subsequently, after the Removal of Certain City Council Officers, it has been ascertained that, when it was determined the new Mayor and the new Council members after the October 2021 election were initiating an investigation regarding Prior Council’s illegal use and misappropriation of City budget funds not approved by Council, adverse steps were taken:
41. the longstanding City legal counsel Richard Jones of McMillan Law was approached by other members of City Council, Ritesh Narayan, Shannon Dean, and Sandy Johal- Watt, days after the October 18, 2021 election to advance an illegal scheme or to determine a process by which the new Mayor Colvin and the new Council members Foat, Hanley and Funk could be removed from Office, using an “Inspection”

1. in that context, the process of having the Minister direct an Inspection under the Municipal Government Act was instituted, such that by invoking an inspection regarding the new Council and Mayor, and by doing could have the new Mayor and the new Council members removed, and by such removal effectively foreclose any such investigation by the new Mayor and the new Council members regarding illegal use, kickbacks and theft, of City budget funds, otherwise being expenditures not properly approved but permitted by the Prior Council.
2. In furtherance of interfering with the new Mayor and the New Councilors’ investigation into the past conduct of Prior Council, steps were taken against the new Mayor and the New Councilors by the City lawyer Richard Jones meeting with staff, resulting in;
3. Attempts to bar from the City Hall building,
4. By claims [under the Health Act] that the new Mayor and council’s investigations into any illegal activities were causing stress to staff.
5. ^
6. ^
7. ^
8. ^
9. In furtherance of interfering with the new Mayor and the New Councilors’ investigation into the past conduct of Prior Council:
10. immediately after the October 2021 election, all prior Mayor Chalmers and CAO Morton email files and other electronic files were deleted off the CITY system and
11. ^
12. ^
13. In furtherance of interfering with the new Mayor and the New Councilors investigation into the past conduct of former prior Council, Councilor Narayan colluded with an RCMP member to cause the arrest and to criminally charge Mayor Colvin and CAO Kim Wallace

and IT department manager Jay Wallace, and to cause the Minister to remove from office, falsely using lies as follows:

1. The Cuff Report erroneously stated that Mayor Colvin and the CAO Kim Wallace were planting listening devices throughout City Hall and that RCMP was
2. This was collusion with RCMP, attempting to improperly obtain criminal charge approval to arrest Mayor Colvin and Wallace for the crime of illegal surveillance, which had never occurred, and was completely initiated by false fabricated
3. In furtherance of interfering with the new Mayor and the New Councilors’ investigation into the past conduct of former prior Council, the Defendant Interim CAO Harry Harker, ex CFO Brenda Hewko, and ex-director of HR Tracey Radloff – some or all of these had participated in the misappropriation of approximately $600,000 of unbudgeted City funds, and to cover such misconduct, falsely and wrongfully accused such misconduct to be that of Mayor
4. In furtherance of interfering with the new Mayor and the New Councilors’ investigation into the past conduct of former prior Council:
5. CAO Harker requested a meeting with Mayor Colvin, Hanley, and Foat to broach the subject of a Mea Culpa excuse if staff came forward to admit to misconduct in the
6. The Mayor indicated that the Mayor did not have the authority to grant a Mea Culpa

excuse but that staff should come forward with crimes regardless.

1. CAO Harker , with past experience, would know that all of council would be needed to consider such a request. This was an illegal attempt of entrapment.
2. CAO Harker then proposed that Council should agree to pay out hush money to individuals to keep crimes hidden. Mayor Colvin along with Councilors Hanley and Foat refused the request. CAO Harker knew all of council would be needed to consider such a request and that it was illegal. This was an attempt of entrapment.
3. Despite the previous conversation, CAO Harker paid almost $400,000 to CFO Brenda Hewko after she resigned. by electronic funds transfer This amount exceeded CAO Harker’s authorization.
4. CAO Harker then paid an additional, approximately, $200,000 to HR Director Tracey Radloff upon her departure from the City by electronic funds transfer.
5. CAO Harker fraudulently stated to Inspector Cuff that the Mayor Colvin had signed cheques to pay out such hush money. Mayor Colvin had not done so. Further, any payment over $75,000, if not budgeted, required Council approval such that:
   • These expenditures to Brenda Hewko and Tracey Radloff were done unilaterally by CAO Harker, and approval was not sought by CAO Harker from Council.
   • CAO Harker paid the funds by electronic funds transfer, which Harker
6. Despite allegations to the contrary, Mayor Colvin was not
7. These were patently false accusations by CAO Harker against Mayor Colvin. These accusations were known to be false by Inspector Cuff, insofar as Inspector Cuff was provided

with the City bank account statements which demonstrate no cheques were written. In the result, Inspector Cuff intentionally lied in his Official Report to Minister McIver and to the public, to falsely accuse and to falsely incriminate Mayor Colvin.

52. Both Minister McIver and Minister Schultz were complicit in their intentional attempt to implicate Mayor Colvin with this false accusation, that the Mayor signed the illegal Hush money cheques. As each were provided with the City of Chestermere’s bank statements showing that the illegal hush money payments were not paid by cheque and in fact were paid by electronic funds transfer, which only CAO Harker has access to [the Mayor does not]. Despite these facts, Minister McIver and Minister Schultz wrongfully continued to allow Inspector George Cuff to maliciously, intentionally falsely implicate Mayor Colvin in a crime of theft of almost $600,000 of City funds.
53. CFO Hewko and HR Director Radloff knew Council approval was required for such payouts and were fully aware the payment to them was illegal, as confirmed by communications. CFO Hewko and HR Director Radloff knew Council approval was legally required and the severity and knowing full well their action were illegal theft. Further, showing their willful attempt to wrongfully implicate Mayor Colvin with their illegal theft.

1. Despite this, CFO Hewko and HR director Radloff did not come forward and assist when this misconduct was falsely alleged against Mayor Colvin.

1. By not doing so and acceding to such misconduct, CFO Hewko and HR Director Radloff conspired and intentionally caused damage to the reputation of Mayor

1. In that respect, Inspector Cuff, together with CAO Harker, CFO Hewko, HR Director Radloff, and Minister McIver ,all colluded in this wrongful cover-up, and in the false accusations made public against Mayor Colvin.

Causes of Action and Claims

54. As set out below, the Plaintiffs, jointly and severally, claim against all the Defendants, jointly and severally, for the losses and damages the Plaintiffs sustained by the conduct of the Defendants, the causes of action include but are not limited to: misfeasance in public office, defamation, harassment, and negligence.
55. In respect of the Defendant Minister McIver, and as set out above:
56. Minister McIver used his position as Minister of Municipal Affairs to wrongfully and maliciously execute a plan to remove these Plaintiffs nd staff from the City;

1. Minister McIver wrongfully covered up information of fraud, kickback schemes, and negligence that was provided to him and his office.

1. Minister McIver refused to recuse himself due to conflict of interest when it was identified that his brother in-law was the previous Mayor of Chestermere and being

1. Minister McIver appointed an Official Administrator in order to stop the investigations directed by the new Council into code of conduct and the investigation of suspected wrongdoing of Prior Council, of Assistant Deputy Minister Gary Sandberg, of RCMP, and then of Councilors Shannon Dean, Ritesh Narayan and Sandy Johal-Watt and as matters evolved of CAO Harry Harker.

1. McIver falsely publicly stated to the effect that Mayor Colvin had stolen the two new Adventure motorbikes [which had been outfitted, and to be used for policing by City Peace Officers]. In that regard, in fact: The use of Adventure motorbikes for policing were a first in Alberta, and as such had to be approved by the Solicitor- The Bikes were used by the City as a new method to combat and deter crime [with these go anywhere all terrain motorbikes] , at all times being in the City possession. With no Chestermere elected Council making this decision, McIver and Lagore terminated the new policing program and sold the motorbikes at auction, losing City taxpayers money

All such conduct causing loss and harm to the Plaintiffs and others, in the overall context.

56. The Defendant Minister Shultz became Minister of Municipal Affairs, and as set out above:
57. Minister Shultz was wrongfully involved in the cover up of information of fraud, kickback schemes, and negligence that was provided to her and her office
58. Minister Shultz wrongfully presented an Inspection report in public despite being provided with evidence that information within the Inspection report was false and erroneous
59. Minister Shultz wrongfully stopped and covered up independent third party investigations into past improper activities, kickbacks, theft crimes and conduct.
60. Minister Shultz wrongfully participated in an attempt to misdirect and provide and falsify evidence of a criminal matter as above, knowing it was false.
61. Minister Shultz wrongfully allowed these improper and illegal actions from being publicly disclosed, investigated and addressed.

such conduct causing loss and harm to the Plaintiffs and others, in the overall context.

57. In respect of the Defendant Lagore appointed Official Administrator of the City, and as set out above:
58. Lagore wrongfully colluded with Minister McIver and councilors Shannon Dean, Ritesh Narayan, Sandy Johal-Watt, to orchestrate the removal of Mayor Colvin, and Councilors Funk, Foat, Hanley, and the 3 CAOs .
59. Lagore wrongfully purposely prevented Council from progress from fulfilling its obligation to address residents’ concerns by disallowing motions. Even when his reasons for disallowance were addressed and complied with, he chose to disallow
60. Lagore wrongfully terminated, interfered with, covered up a duly voted council motion for an investigation into conduct involving possible corruption, kickbacks, coverups, interference, collusion, and conduct breaches with Councilors Shannon Dean, Ritesh Narayan, sandy Johal-watt, Municipal affairs staff, Deputy minister Gary Sandberg, RCMP, KPMG and Harry Harker. That if conducted would have

changed the course of the inspection, and aided in stopping corruption in Chestermere.

1. Lagore with full knowledge of McIver, wrongfully sought out and conspired and bribed some staff to portray Mayor Colvin, and Councilors Funk, Foat, Hanley, and the 3 CAOs, negatively.
2. Lagore and CAO Pat Vincent, wrongfully continued to play their final part, by abusing their position to bring the City of Chestermere into a false vicarious and frivolous lawsuit against the Mayor Colvin and Councilors Foat, Hanley and During the writ period of the by-election, to further maliciously damage their reputations. In an attempt to further their cover up at the expense of Chestermere taxpayers. This is an abuse of taxpayers funds and should be held personally liable.

such conduct causing loss and harm to the Plaintiffs and others, in the overall context.

57 .1 In respect of the Defendant Mike Fluker, City of Chestermere employee and ex- RCMP investigator, acting upon directions of McIver:

1. Mel Foat was a councilor with City of Chestermere during October 2021 to December 2023 and was removed by Minister McIver;
2. After a Council Meeting on March 12, 2024 of which Mel Foat [a 74 year old senior, legally blind] had attended as a private citizen, Mike Fluker spoke to Mel Foat privately.
3. Mike Fluker proceeded to intimidate and threaten Mel Foat, stating that Mel Foat and the other Council members with Mayor Colvin had stolen millions of dollars, and that Mel Foat and that the other councillors were going to jail for 14 years.

1. Mike Fluker offered to Mel Foat that if Mel Foat would join “….the province’s side and testify against Colvin and the other councillors for theft of millions of dollars” that Mike Fluker would ensure Mel Foat did not go to jail.

1. Mel Foat replied to the effect that there was no theft, and that to say so would be Mike Fluker repeated the threat again to Mel Foat, stating to the effect “… we will teach you what to say and how, on the stand and in court. If you don’t join us you will go to jail.”

No immunity for Misconduct of any Defendant

58. Inspector Cuff , Minister McIver, Minister Shultz, Assistant Deputy Minister Sandberg and Doug Lagore acted wrongfully, and outside of their capacity and authority as the Inspector appointed by the Minister, as Ministers, as staff of Municipal Inspector Cuff, Minister McIver, Minister Shultz, Assistant Deputy Minister Sandberg and Doug Lagore are party to all false and improper steps related thereto, causing loss and harm to the Plaintiffs.
59. A senior member of Legislative services allegedly fraudulently changed a motion voted unanimously approved by Council to remove the Mayor’s approval to proceed with a list of projects and then fraudulently attempted to load the fraudulent motion onto the City’s

• However, such senior member were unaware at the time the City had changed its security codes and the perpetrator had to load the file into the historic archived

• Being the only current file mixed with files many years McIver, even though had been provided with the correct motion more than five separate times before, used this fraudulent motion to chastise the Mayor with falsified information and use as a reason to remove him.
• This staff member had come forward about being bribed by offering this staff member the CAO position, and a reported $50,000 pay raise, albeit having no experience

1. By way of background: On March 15th 2022, Chestermere City Council approved a Motion allowing the Mayor Colvin to work with Administration through City CAOs on over 30 projects, and to bring such projects back to Council for This March 15th 2022 Motion was provided to Minister McIver, Deputy Minister Sandberg, and to Municipal Affairs staff.
2. Despite the above, by letter of August 2nd , 2023 response #7, McIver stated the March 15th 2022 Motion did not include the Mayor.

1. Kate Brandt, as Manager of Legislative Services, falsely stated that the Mayor was wrong about the March 15th 2022, Chestermere City Council approved Motion allowing the Mayor Colvin to work with Administration through City CAOs on over 30 projects, and to bring such projects back to Council for approvals, referencing a Kate Brandt version of the March 15th 2022 Motion Minutes.

1. Demonstrating that McIver orchestrated the entire matter with the involvement of Kate Brandt, the conduct of Kate Brandt occurred in the following context:

1. The Legislative Manager Kate Brandt had been offered a signing bonus of

$50,000 and an increase in salary up to $50,000 year plus a Director of Corporate Services position by the Assistant Deputy Minister of Municipal Affairs Gary Sandberg; and

1. In May/ June 2023, Legislative Manager Kate Brandt had met with CAO Travis offering a single CAO position, and a $100,000 salary increase, all to occur after the firing of 4 councillors and other CEOs, to try to convince CAO Travis to join Kate Brandt.

2018. After this letter of August 2nd, 2023 by McIver, Councilor Hanley and Mayor Colvin searched the City Municipal Motion Records and found a fraudulently changed March 15, 2022 Council Minutes in an incorrect area of City archives, in an area only for motions occurring before 2018. In that regard:

1. A security upgrade to the City’s online files had taken place in 2022, preventing general City staff or unknown staff to file documents or manipulate official City documents, without serious tracing and clear enhanced security identification requirements.

1. In the result, the actual March 15^th 2022 filed and signed Minutes of City Council Minutes could not be changed.

1. The fraudulent said to be Minutes were uploaded to the wrong location in a 2018 archive area. Showing to be her login, the Manager of Legislative Services Kate Brandt had filed this false Council Minutes for March 15, 2022 in the wrong location [in the 2018 area] as that would be the only area Kate Brandt could access.

1. This being a March 2022 Motion, this Motion clearly stuck out as obviously in the wrong location, demonstrating that the Manager of Legislative Services Kate Brandt had missed the upgrade of the system and did not have an assigned security clearance.

1. This falsely uploaded file in the 2018 filing area, rather than the correct 2022 file in the secured unchangeable 2022 area, was then utilized by McIver to falsely criticize the Mayor Colvin and the Council

Lack of Procedural Fairness

60. The Minister McIver and Minister Shultz wrongfully did not follow the process and procedure set out at Part 14 of the Municipal Government Act , and wrongfully did not permit nor apply the procedural fairness requirements imposed by the common law. This breach applies to the Ministerial Orders for the appointment of the Official Administrator and Interim CAO, as well as all the resulting actions of and by such officials.
61. The work completed in respect of the City’s Judicial Review Application(s) and the two Injunction Applications was patently inadequate, and that such Judicial Review and Applications were bound to and did ultimately fail, for obvious reasons.

• However, Lagore, who was appointed by Minister McIver, then ordered the Judicial Review terminated before the matters could be considered by the Court, interfering in a judicial process;
• all to prevent disclosure of the accurate facts regarding the various misconducts committed by Prior Council, and then the resulting misconduct of the Inspector and others as set out above, from the public.

All the foregoing misconduct causing loss and harm to the Plaintiffs in the overall context.

Misfeasance in Public Office

62. The Defendants by their conduct set out above committed the tort of Misfeasance in Public Office causing loss and harm to the Plaintiffs, insofar as the defendants jointly or severally:
63. engaged in deliberate and unlawful conduct in their capacity as a public officer,
64. were aware that the conduct was unlawful, and
65. were aware that the conduct was likely to harm the Plaintiffs
66. There was deliberate or unlawful conduct on the part of the Minister, Municipal Affairs staff and the other City Counsellors named as defendants jointly or severally, and which was

done with awareness that such the conduct was unlawful, malicious and deceitful misfeasance, causing loss and harm to the Plaintiffs.

64. Further, causing loss and harm to the Plaintiffs:
65. there was improper purpose for the Defendant’s actions, or
66. there were significant factual or legal errors in the Reasons provided by the Ministers for the Ministerial Orders.

causing loss and harm to the Plaintiffs, in the overall context.

Provincial Government Misconduct

65. Despite multiple requests made to the Premier’s office to meet in regard to the matters relating to the Ministers McIver, Shultz, and to the Municipal Affairs, and to Inspector Cuff, Official Administrator Lagore and others, as set out above, together with copies of documentation, such meeting was not permitted, causing loss and harm to the Plaintiffs.

This documentation included responses and evidence refuting claims that were included in the Inspection Report.

Defamation

66. The above referenced conduct and words published were defamatory, causing loss and harm to the Plaintiffs.

Malice and conspiracy

67. The above referenced conduct of the Defendants and communications and correspondence relating thereto, demonstrate malice, and conspiracy, causing loss and harm to the

Harassment and Negligence

68. The above referenced conduct of the Defendants, alone and/or together, constitutes the torts of harassment or negligence by some or all of the Defendants, causing loss and harm to the Plaintiffs.

Election Interference

69. Further, there was “election interference” by the filing of the City of Chestermere’s Statement of Claim against the plaintiffs, along with numerous mailouts directly to residents of Chestermere immediately prior to the 2024 By- Election, during the writ period, resulting in the intentionally damaging news reporting and social media posts, respect of such Statement of Claim, all causing loss and harm to the Plaintiffs. In that respect, without limitation, subsequent to McIver assuming control of the City after the removal of Mayor Colvin and Councilors Foat, Funk, and Hanley :
70. McIver then replaced City Council as a whole with Doug
71. During the “Election Writ Period “ relating to the 2024 By-election in Chestermere, Lagore ,with the instructions of McIver, filed a lawsuit ostensibly for the City against the former Mayor Colvin and against the former Councilors Foat, Funk, and Hanley in Action 2401-08455, in the context of the up-coming Election the Election, having the effect of defaming the Mayor during this By- Election process.

1. The allegations in such Statement of Claim, against the former Mayor Colvin and against the former Councilors Foat, Funk, and Hanley were knowingly

1. Along with this lawsuit, McIver mailed letters to every household in Chestermere with similar false allegations.

1. By the Statement of Claim in Action 2401-08455, and otherwise, to damage the reputation of the Mayor and the other Councilors in the By – Election process, Lagore with McIver:

1. Falsely claimed that legal fees were expended by Mayor and Councilors without Council In fact the Council process was to approve legal fees in its budget and the CAOs had full authority to engage legal firms, to carry out all legal assistance as necessary. Every law firm the City used was engaged by the CAO, as so authorized by Council.

2. Falsely claimed that Internal Investigations were not However, the Mayor and Councilors had no involvement in such internal investigations. Council approved the CAO to hire a staff member to investigate matters. The CAO hired investigator then began to investigate fraud and thefts [possibly involving Councilors Dean, Narayan and Watt, and the Auditor KPMG, and the RCMP, and the Interim CAO Harker, and ex- CFO Hewko and the ex-Director of Human resources Radloff]. The CAO had full authority to apportion her budget as authorized by Council to this investigation. Additionally, Council had authorized the hiring of an investigator.

3. Falsely claimed that staff were surveilled in their offices. There was no surveillance of staff in offices. Mayor and Councilors had no involvement nor knowledge of any such alleged surveillance. CAO had purchased cameras for the City server room , but which were never installed. The CAO had a sweep company check for improper surveillance issues, and none were found.

4. Falsely claimed that Mayor Colvin without authority had used his credit card and purchased $6,418.96 of alcohol over a two year period. In fact, the Mayor had received authorization for each alcohol expenditure by the CAO as required and as used during City business.

5. Falsely claimed that Mayor Colvin bought a seal for his signature that was not In fact, the seal was authorized by the CAO and was needed insofar as it was discovered that an attempt had occurred to forge the

Mayor’s signature. The seal was kept locked up and used for Mayor Colvin’s signatures thereafter.

6. Falsely claimed that Mayor Colvin had the City pay for moving his piano to the City without In fact the CAO had requested the Piano be moved to the City for City functions, and the CAO approved the moving cost of $393.75. Moreover, the cost had actually been paid by the Mayor from his personal funds.

7. Falsely claimed that the Mayor had authorized the payment of funds to hire Dan In fact, the CAO hired Mr. Buryn as legislative manager.

8. Falsely claimed that the Mayor had authorized the payment of $3,100 for a RCMP painting commemorating the 150 year history of the Crowfoot tribe with the RCMP in the Chestermere area, as hung in the lobby of City In fact, the CAO authorized the purchase, along with all of Council being asked if they supported it, which Council did.

9. Falsely claimed that the Mayor caused the City to pay $4,417.79 for memberships with the local community association. In fact, the CAO offered a program through community services offering memberships for new Canadians in Chestermere, and those new to Chestermere who qualified, all to encourage community involvement and acceptance. This program was started by Community Services and was not funded by City

10. Falsely claimed that the Mayor had instructed City staff and had retained private contractors to clean up the Waterslide lands, spending $42,301.45. In fact, the CAO negotiated with the property owner to have unsightly piles of clean fill placed in a pit on this site without cost, rather than the City paying up to $200,000 to otherwise dispose of the piles remaining along Rainbow Road that had been sitting there for over 10 years. The only expenditure the City had was to create an access to the pit for their trucks to safely dump the The Chief of the Fire Department also negotiated to have controlled burns training on the site, as they had done for many years. All work was authorized by the CAO, which was his responsibility to keep the City clean and was a significant savings to the City.

11. Falsely claimed that the Mayor had caused $95,232.70 to be spent on a Carnival for the City without authorization. In fact, the CAO authorized the Carnival as an event for the Council authorizes an events budget for each year and the CAO had full authority in respect of how to spend those funds on events. McIver falsely mixed up the use of funds, insofar as

the City did not pay the Carnival to come to Chestermere. The City has normal attractions at such events such as bands, petting zoo, horse wagon rides and performers for which the City may pay. All of these expenditures are approved by the CAO and are used at each event for the public enjoyment.

TRIAL

70. The Plaintiffs propose that the Trial of this Action shall be held at the Calgary Courts, in the City of Calgary, in the Province of This trial is not expected to exceed 25 days

REMEDIES SOUGHT

71. Each of the Plaintiffs seek Judgment for compensatory, exemplary, aggravated, and punitive damages in the sum of :

• $10,000,000, for Jeff Colvin and
• $5,000,000 for Blaine Funk and
• $5,000,000 for Stephen Hanley

for a total of $20,000,000 .against the Defendants jointly and severally, or such amount as the claims relate to each Defendant as a joint and several tortfeasors as the Court shall determine is appropriate having regard to the conduct of each Defendant, in respect of each Plaintiff, all of which particulars will be provided for Trial.

72. The Plaintiffs seek an Order Seek an order preserving and protecting and downloading all files, emails, of City of Chestermere, Ministers McIver and Schultz and Municipal Affairs staff, of Inspector Cuff and staff, of Lagore and staff, of Pat Vincent and staff, and of RCMP Chestermere, and of KPMG.
73. The Plaintiffs seek an Order directing the Defendants publish an appropriate retraction of the claims of misconduct against the Plaintiffs as such claims have been stated in the Published reports.
74. An Interim and Permanent Injunction enjoining against the Defendants and each of them from participating in any further decision making relating to the Plaintiffs, or committing further acts of defamation, and other wrongful misconducts, relating to the Plaintiffs and each of them.
75. Such further relief as the nature of this case may require and this Honourable Court may
76. Interest on any Judgment granted from such date and at such interest rate to be decided by this Honourable Court.
77. An Order for Costs of this Action on a Solicitor and Client, on a full indemnity basis and/ or enhanced Party and Party costs basis.