View cases - Stewart McKelvey

"17ofthat because of difficulties Mr. Gilpin encountered with his law finn that were unrelated to thismatter.Mr. Fagbile testified that basically his work was dealing with Mr. Dorey and providing medicationsfor the other two. He agreed that he was responsible for all three and that occasionally he preparedmeals for the other two and would ensure they were looking after themselves appropriately. Hewould also be familiar with and update their files.Prior to receiving evidence as to conversations that took place between Mr. Fagbile and Mr. Gilpin,Mr. Fagbile was given a full explanation as to the nature of privilege that might attach to thoseconversations and his ability to waive any claim for privilege or confidentiality. I was satisfied thatMr. Fagbile understood the instructions that were given to him and he testified that he was preparedto waive the privilege.2010 NSSC 252 (CanLII)Mr. Fagbile testified that a couple ofmonths after he started work for the company, Mr. Gilpin toldhim that his permit did not allow him to work for a for-profit organization. Mr. Fagbile reported thatto Ms. Cormier.' At that point, he asked Ms. Cormier to meet with Mr. Gilpin. Mr. Fagbile recalledhaving a couple ofmeetings with Mr. Gilpin and Ms. Cormier in attendance. It was his recollectionthat Mr. Gilpin raised the option of the caregiver program ifthe recipient ofthe care or their familywas the employer.Itwas Mr. Fagbile's testimony that it would have been obvious to Mr. Gilpin that Ms. Carter wouldbe shown as the employer, but the company would be paying.Mr. Fagbile did testify on cross that he understood that continuing to work for the company prior tothe new arrangement being established, was not permitted and that both he and the Company wereat risk during the summer of2005.