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A lawyer accused of misappropriating money is appealing a judge’s decision to temporarily remove him as the trustee of an account belonging to a First Nation in northern Alberta.
Rupert Meneen, the chief of the Tallcree First Nation near Fort Vermilion, has been suing Jeff Rath and his legal company over the lawyer’s administration of the First Nation’s trust account.
The legal battle between the First Nation and Rath, one of the leaders of the separatist movement in Alberta, has been going on for years.
The First Nation received more than $50 million from the federal government in an agricultural benefits claim settlement in 2017 and hired Rath to put the money in a trust.
Meneen alleges Rath misappropriated millions of dollars — Rath has described the allegations of misappropriation and other misconduct as false in court documents — and he’s seeking a range of remedies related to the administration of the trust account.
In June, Calgary Court of King’s Bench Justice Shane Parker ordered that Rath’s company be temporarily removed as the account trustee.
Rath filed a notice of appeal with the Court of Appeal of Alberta on July 24.
“The issues before the court involve significant factual disputes, credibility assessments, and complex legal questions that were incapable of being fairly determined without a complete evidentiary record,” he said in the notice of appeal.
He alleges Justice Parker erred in nine ways, including relying on irrelevant considerations and making unsupported factual assumptions, depriving him of a fair hearing.
Rath, who has not responded to CBC News’ recent request for comment, is asking the appeals court to set aside the order and order an interim stay until the appeal is decided.
Meneen’s lawyer, Matthew Sammon, said his client’s position is that Rath’s appeal is without merit and should be dismissed with costs.
He told CBC News in an emailed statement that if Rath and his company persist with the appeal, Meneen will “respond vigorously and seek appropriate costs.”