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Clarke booted for misconduct - BNS lawyers
Published: Thursday | July 2, 2009
Clarke
Former Scotiabank boss William 'Bill' Clarke was "pushed out" of his post by the bank because it could not ignore allegations and complaints about his professional conduct as head of the financial institution.
Attorney-at-law John Vassell, who is representing the bank, made the disclosure yesterday in the Court of Appeal.
Clarke is appealing a Supreme Court ruling in March that there was no agreement for his retirement package to go to arbitration.
Vassell is to make submissions today about the legal effect of the resolution made at the end of a meeting, in October last year, between the board of directors and Clarke.
Dr Lloyd Barnett and attorney-at-law Keith Bishop, who are representing Clarke, have argued that the resolution stated that the dispute involving Clarke's retirement package should go to arbitration and that there was no mention of his conduct.
On the other hand, the bank's lawyers are insisting that the minutes of the board meeting specifically stated that Clarke's conduct should be included in the arbitration.
Vassell submitted yesterday that the minutes of the board meeting of October 21 last year were the official record which stated that Clarke's conduct should be included.
He stressed that the bank wanted Clarke's conduct to be part of the whole arbitration process, but Clarke did not want that.
When the hearing resumes today, the bank's lawyers will also make submissions in relation to Clarke's objections to a letter from the bank that, effective yesterday, security personnel would be withdrawn from his house.
The bank's lawyers have given their undertaking for the security to remain until the matter is heard in court today.
Published: Thursday | July 2, 2009
Clarke
Former Scotiabank boss William 'Bill' Clarke was "pushed out" of his post by the bank because it could not ignore allegations and complaints about his professional conduct as head of the financial institution.
Attorney-at-law John Vassell, who is representing the bank, made the disclosure yesterday in the Court of Appeal.
Clarke is appealing a Supreme Court ruling in March that there was no agreement for his retirement package to go to arbitration.
Vassell is to make submissions today about the legal effect of the resolution made at the end of a meeting, in October last year, between the board of directors and Clarke.
Dr Lloyd Barnett and attorney-at-law Keith Bishop, who are representing Clarke, have argued that the resolution stated that the dispute involving Clarke's retirement package should go to arbitration and that there was no mention of his conduct.
On the other hand, the bank's lawyers are insisting that the minutes of the board meeting specifically stated that Clarke's conduct should be included in the arbitration.
Vassell submitted yesterday that the minutes of the board meeting of October 21 last year were the official record which stated that Clarke's conduct should be included.
He stressed that the bank wanted Clarke's conduct to be part of the whole arbitration process, but Clarke did not want that.
When the hearing resumes today, the bank's lawyers will also make submissions in relation to Clarke's objections to a letter from the bank that, effective yesterday, security personnel would be withdrawn from his house.
The bank's lawyers have given their undertaking for the security to remain until the matter is heard in court today.
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