View cases - Stewart McKelvey

2assistance and remain employed. Killam claims that he sought such assistance in 2004and his doctor placed him on medication. Further, Killam stated in his affidavit that hisemployer was always aware of his condition and encouraged him to continue with hisemployment. In early April 2008, his doctor advised him to take a two week medicalleave to deal with his depression/anxiety. He met again with his doctor on April 21, 2008when he was told that he should remain off work, continue with medication, and to beexamined for possible Post Traumatic Stress Disorder (PTSD). On April 22, 2008 whenKillam met with Fitch, he was terminated because of his attitude and angry outburst.2011 NBQB 131 (CanLII)[4] In order to correctly state what Killam contends he did on leaving Fitch’soffice, paragraphs 13-20 of his affidavit are reproduced:13. After leaving the above mentioned meeting with Mr. Fitch, I went directlyto the law office of my then counsel, Lorrie Yerxa (“Mr. Yerxa”).14. I contacted NBHRC in early May of 2008 and provided a completed humanrights complaint form to Mr. Yerxa on May 28, 2008. In their letter to me,NBHRC states that the “Commission may refuse jurisdiction with respect tocomplaints filed more than one year after the alleged incident ofdiscrimination”. A copy of the correspondence, without attachments, fromNBHRC is attached as Exhibit “B”. A copy of the initial complaint whichmy wife, Lois Ann Killam, filled out and provided to Mr. Yerxa is attachedas Exhibit “C”.15. On June 4, 2008, Mr. Yerxa provided me with his legal opinion, a copy ofwhich is attached as Exhibit “D”.16. During the summer of 2008, Mr. Yerxa told both Lois Ann and I that thematter should be resolved by Christmas of 2008 and that regardless of theoutcome; I would be able to file the human rights complaint after the civil