View cases - Stewart McKelvey

32The space used was in the open and not secure. The filing cabinet did have a lock and she kept thekey.The Nordqvists knew she was keeping papers at that location because four to five times, Mrs.Nordqvist and more often Mr. Nordqvist would come there for a meeting.Mr. Nordqvist agreed that in 2002, Ms. Cormier had asked ifshe could have premises inDartmouthwhere she could do interviews and Mr. Nordqvist thought that for a rental of $200.00 for space atJennifer Allan that seemed reasonable. He did not question her further although he knew that shehad a desk there and often had her briefcase there, but he denied that he had any knowledge thatrecords were kept there. The only times he visited her there, he saw the desk and briefcase. He wasonly at the Jennifer Allan location a couple oftimes, although once doing the budget for a couple2010 NSSC 252 (CanLII)ofhours.Inabout April orMayof2004Jennifer Allan Interiors closed the premises. Ms. Cormiermoved intothe unit # 3 next door which was the occupied byherhusband's TV store and repair shop. Itwas Mr.Martell's evidence that the movewas temporarywhile his wifewaited for anotherlocationto becomeavailable. The space in the TV shop that she used was an area of approximately four by eight feetwith a desk between the reception and service areas. The company never paid any rent for the spacein the TV shop.Ms. Cormier testified that immediately prior to her termination, she was working from the TV shop,but did use Pepperell Street and the other locations. Files needed to do her work were being keptat the TV location.It was Ms. Cormier's evidence that both the Nordqvists were aware that she had moved her "office"to the TV shop location. She said that she had met Mr. Nordqvist there several times on companybusiness and described a meeting in late 2004 when he was preparing a budget and they were goingover her payroll books.