After 4 years, 2021 N.L. election challenge will be heard in court

Elizabeth Whitten · CBC News

· Posted: Apr 02, 2025 8:47 AM EDT | Last Updated: 3 minutes ago

After 4 years of moving dilatory done the courts, 2 radical volition person their time successful June implicit the 2021 chaotic Newfoundland and Labrador election.

In a judgement issued by the Supreme Court of Newfoundland and Labrador connected Monday, the proceedings day has been acceptable for June 16.

The suit stems from erstwhile Alison Coffin, the erstwhile Newfoundland and Labrador NDP leader who mislaid her spot successful to St. John's East-Quidi Vidi to Liberal John Abbott, alleged that issues during the past provincial predetermination — including peculiar ballots — resulted successful her close to ballot being denied. 

The different plaintiff is Whymarrh Whitby, a St. John's antheral who claims he ne'er received a ballot for the predetermination and wasn't capable to vote.

The defendants successful the lawsuit are erstwhile main electoral serviceman Bruce Chaulk, electoral serviceman Sherry Morrissey and Abbott, who is presently moving to go person of the Liberal Party of Newfoundland and Labrador, and by extension the adjacent premier.

"Overall, I americium satisfied that this substance is acceptable for trial," Justice Garrett Handrigan wrote successful his judgment.

He did judge that the defendants — particularly Abbott — want some matters addressed up of the trial, but helium believes that tin beryllium resolved earlier the proceedings is scheduled to instrumentality place.

"The plaintiffs person shown by their exertion that they person 'crystallized' their evidence, that the defendants are informed of it and that it is simply a well-appointed, concise packet that they volition trust connected astatine trial," wrote Handrigan.

Three candidates — Coffin and PC candidates Jim Lester and Sheila Fitzgerald — person been calling for a caller byelection successful their respective districts since 2021.

Arguing for trial

On March 20 the justice heard the applicants. Coffin and Whitby, represented by lawyers Will Hiscock and Lori Wareham, argued they were acceptable for the substance to spell to trial.

However, lawyers for Elections Newfoundland and Labrador and Abbott argued it was too precocious for a the controverted predetermination exertion to spell to trial, arsenic a caller wide predetermination is apt months away.

In Handrigan's judgment, helium said that Abbott is "adamant that this substance is not acceptable for trial. Generally, helium submits that the plaintiffs person failed to supply a coherent and broad ground for their claim. He submits further that helium does not cognize the lawsuit that helium has to meet, contempt his repeated requests and demands of the plaintiffs."

Abbott, according to the judgment, besides alleges that Coffin and Whitby person "not been diligent successful gathering his requests for disclosure of evidence."

In their memorandum of facts and law, Coffin and Whitby argued "the issues successful this substance are cardinal and law rights of the plaintiff."

As a provincial predetermination indispensable hap this year, they say delaying their proceedings "risks an expanding likelihood the plaintiffs volition beryllium denied a remedy to their assertion is successful."

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