A lawyer for Kash Heed will be in a Kelowna courtroom Tuesday arguing that the Liberal MLA should be allowed to keep his seat, despite spending irregularities in his 2009 campaign.

The former solicitor general admits in an expense report filed with Elections BC Friday that he exceeded the spending limit by about $4,000 in the last provincial election, CBC News has learned.

But in his petition to the B.C. Supreme Court, Heed argues he had no knowledge of any unreported expenses and that he should therefore be allowed to retain his seat in the legislature.

"His evidence is that he had a number of conversations with his campaign manager, in which he received assurances that the campaign was being run properly," said Heed's lawyer, David Gruber.

Overspending in an individual campaign is a serious enough offence that it can prompt Elections BC to force a new election for that seat.

Assignment of responsibility

The bottom line in Heed's case is the assignment of responsibility, said the B.C. NDP's Bruce Ralston.

"Mr. Heed is saying that he accepts no personal responsibility for going over the limit and he's fobbing it off," said Ralston. "Many people would think that the ultimate responsibility rests with the candidate, herself or himself, so this would be precedent-setting."

Heed has run into a series of political setbacks since his election, most of which stemmed from alleged illegalities by campaign staff during the election. The ensuing scandal forced his resignation as solicitor general in April 2010.

Heed was cleared by a special prosecutor of criminal allegations last spring, but his former campaign manager, Barinder Sall, is facing charges of illegal election advertising.

Heed, a former Vancouver police officer and West Vancouver police chief, represents Vancouver-Fraserview. He won the riding in 2009 with 49 per cent of the vote, compared to 45 per cent for NDP canadidate Gabriel Yiu.

The arguments about Heed retaining his seat are being heard in Kelowna only because a Supreme Court judge happens to be available there Tuesday.

With files from the CBC's Jeff Davies