Nova Scotia contractor sues Manitoba government, claims breach of whistleblower legislation
In a statement of claim filed in Court of King's Bench earlier this month, David Morash claims the government breached the provincial Whistleblower Protection Act and its contract with his company.
Morash was contracted in 2023 by a computing consultant, working for the province, to manage an information technology project updating and integrating data processing and software programs into a single system for the provincial government, according to Morash's lawsuit.
The court papers claim the contract wasn't renewed because he disclosed information to the Manitoba ombudsman related to 'gross mismanagement of a public fund or asset.'
The contract was extended in January 2024, but in August that same year, Morash provided information to the ombudsman, alleging wrongdoing in the province's consumer protection and government services department.
Specifically, Morash alleged, the project was 'being grossly mismanaged by the defendant, resulting in resource and financial mismanagement.'
Before he disclosed information to the ombudsman's office, he tried to raise his concerns with government representatives, but an unnamed 'executive representative,' who was a lead on the project, told him to make a formal disclosure to the ombudsman instead, the court papers claim.
Morash was told in November last year that the ombudsman would look into the matter. The court papers claim the government benefited from his complaint, with personnel on the project restructured.
His contract then wasn't renewed in January and a new project manager was brought on, Morash alleges, claiming the province not renewing the contract constitutes misfeasance in public office.
Morash claims he also made a complaint to the ombudsman about the expired contract, but the ombudsman's office told him in March it wouldn't investigate because it does not have the authority to probe reprisal complaints from contractors, only public employees.
He claims to have suffered loss of income and out-of-pocket expenses, as well as psychological and emotional harm. He's seeking unspecified monetary damages.
The provincial government has yet to respond to the claim with a statement of defence and the matter hasn't been heard in court.
erik.pindera@freepress.mb.ca
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates.
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