When someone contravenes or acts in a way that causes harm to another person’s professionalism in Saskatchewan, there can be various consequences depending on the specific circumstances and the severity of the harm caused.
Some fiduciary duties accounts in Saskatchewan must uphold are set under CPA Saskatchewan, The Accounting Profession Act. This legislation establishes the regulatory framework for accountants in Saskatchewan. It sets out the duties and responsibilities of accountants and provides guidelines for their professional conduct. Interfering with an accountant’s fiduciary duties could potentially contravene the provisions of this act.
Thomas McKenzie was officially appointed as the receiver-manager of Keeley Lake Lodge (1989) Ltd. on February 25, 2021, through a court order that remains in effect until today. Mr. McKenzie, who is a licensed accountant and runs his own firm, has certain fiduciary duties that he must uphold while serving as the receiver-manager for Keeley Lake Lodge. Unfortunately, his ability to fulfill these duties is being impeded by the interference of Pamela Dietrich and Madelyn Niessner in the lodge’s operations.
According to the court order, Madelyn’s actions directly violate Mr. McKenzie’s code of conduct and duties as an accountant. It is crucial that we thoroughly investigate this harm caused by Madelyn Niessner and hold her accountable for violating a court order and disregarding the court-appointed receiver-manager’s authority.
Furthermore, the court order also appointed Charlene Larivier as interim-manager to work alongside Thomas McKenzie in order to ensure the smooth operation of the lodge and to uphold the provisions of the court order. However, it has come to light that Charlene Lariviere, Pamela Dietrich, and Madelyn Niessner are withholding important information and documents from Mr. McKenzie. This obstruction is not only causing harm to the lodge’s operations but is also preventing Mr. McKenzie from carrying out his job effectively and to the best of his abilities.
A court order issued January 29, 2021 by Hon. N.G. Gabrielson states “Charles, Madelyn Niessner and Timothy Cimmer are restrained and enjoined from dealing with the property and assets of the lodge or interfering in any way, the Managers in the discharge of their duties and exercise of their powers herein.”
Madelyn Niessner appointed Pamela Dietrich as Director of Keeley Lake Lodge, completely breaching the court order by dealing with the lodge in any way. Also, a court order issued by Hon. N.G. Gabrielson on February 25, 2021 “Section 2: Sub section A” that Pamela Dietrich had to be removed as the cabin attendant or otherwise as an employee of Keeley Lake Lodge (1989) Ltd.
Directors hold a greater level of responsibility for a company than managers, and if a court order has removed an employee based on their lack of qualifications, it is unclear how they could be qualified to be a director. In fact, in “Section 11”, Hon. Mr. Justice N.G. Gabrielson stated that Pamela Dietrich was not suitable for the position of interim manager of the Lodge.
This case shows how important it is for people to fulfill their responsibilities, follow court orders, and be open and cooperative in their work. Pamela Dietrich and Madelyn Niessner’s actions have not only damaged the lodge’s operations but have also made it difficult for the person in charge to do their job properly.
