Former Scotiabank boss appeal continues today

The hearing into the retirement dispute involving former Scotiabank boss William Bill Clarke continues today in the Court of Appeal.



When the case resumes, Scotiabank\'s lawyers will be expected to make submissions in relation to Mr Clarke\'s objections to a letter from the bank.



In the letter, the bank stated that as at yesterday security personnel should have been withdrawn from Mr Clarke and the company house in which he is living.



But the lawyers have given a commitment that the security personnel would not be removed until today when the issue is heard in court.



Mr Clarke is insisting that he should still be entitled to the perks he got as the Scotiabank head until his retirement package is settled.



Yesterday the Appeals Court asked the bank’s lawyers to make submissions as to the legal effect of a resolution which was arrived at following a meeting in October last year.



The meeting was held between the bank and Mr Clarke.



Mr Clarke\'s lawyers are contending that the resolution stated that the dispute over the retirement package should go to arbitration.



However the bank\'s lawyers are insisting that there was no agreement for the dispute to go to arbitration.



At the same time, the bank said the minutes of the board meeting specifically stated that Mr Clarke\'s conduct should be included in any arbitration.



Yesterday, Scotiabank attorney John Vassell submitted that the minutes of the board meeting of October 21 last year was the official record, which stated that Clarke\'s conduct should be included.



Mr Clarke’s lawyers do not want the issue of his conduct to be a factor.



The bank is maintaining that Mr Clarke was forced out of his position because of allegations and complaints about his professional conduct.



Bill Clarke is appealing against a Supreme Court order that there was no agreement for his retirement package to go to arbitration.



Mr Clarke retired from Scotiabank in November last year after being with the institution for 40 years.