R. v. James
 When Mr. James became Clerk later in 2011, Mr. Vaive withdrew (by letter of
October 11, 2011) his outstanding retirement letter, but he maintained his request for
“retirement severance compensation” on his eventual retirement. It was clear that
Mr. Vaive would need to retire soon because of a serious medical condition
expected to cause his death imminently.
 Mr. Vaive followed up with a letter of November 9, 2011, in which he noted
that the Speaker seemed disinclined to grant the “retirement severance
compensation” he had sought, and he claimed instead a “retirement allowance for
table officers”. The letter read as follows:
This is further to my submission dated May 18, 2011, regarding a retirement
severance compensation. At my last meeting with you and George MacMinn,
Q.C., on October 11, 2011, you stated that the Speaker was not inclined to
approve this retirement severance application. You will note that I have yet to
receive a written response to this May 18, 2011 application.
Accordingly, absent a tenable counter-proposal from the Legislative
Assembly and, pursuant to a Legislative Assembly policy entitled Retirement
Allowance for Table Officers and Chief of Hansard in Recognition of Years of
Service, dated August 10, 1984, endorsed and signed by then-Speaker
Walter Davidson, I am claiming my retirement allowance for Table Officers,
namely thirteen (13) days of salary annually, from March 20, 1994, the date
of commencement of my service with the Legislative Assembly, to March 20,
2012, i.e. 234 days. See the actual policy dated August 10, 1984 attached.
Please note that there are precedents at the Legislative Assembly actually
perfecting this policy. See Memo dated April 25, 1988, from then-Speaker
John Reynolds. In this context a further retirement allowance was paid to this
Table Officer on August 18, 1998. Verification of the files may confirm that
other Table Officers also availed themselves of this policy.
It is reasonable and would be much appreciated to expect a written response
to the above by November 30, 2011.
 Mr. Vaive then spoke with Speaker Barisoff, who had taken office in 2005,
about the “retirement benefit” (the admissions use that term). Speaker Barisoff
testified that he himself did not know of the existence of the retirement benefit –
Speaker Barisoff also used that term – until Mr. Vaive told him about it in this
 Speaker Barisoff asked Mr. James to obtain legal advice, and Mr. James
consulted Donald Farquhar, Q.C., a Victoria lawyer. Speaker Barisoff testified that it