Appeals court sends Joshua Chubbs’ lawyer requests New Harbour property time to review disclosure dispute back to trial division
The provincial Supreme Court is best suited to rule on a matter concerning a couple from New Harbour and Service NL, according to an appeals court’s decision.
Karla Penney and James Penney have been fighting Service NL’s decision to grant permits to a neighbour, Pleman Higdon, for over three years.
According to a decision filed April 13 in the Supreme Court of Newfoundland and Labrador Court of Appeal, Higdon initially built a retaining wall and later started work on a shed along the boundary of the Penney and Higdon lots, lacking the proper permits. After the Penney’s complained to Service NL, Higdon applied for and received the permits in December 2013. New Harbour is an unincorporated local service district.
The Penneys challenged Service NL’s decision through the Eastern Regional Appeals Board, launching an appeal that was ultimately dismissed a few months later. Another appeal was launched, this time through the Supreme Court of Newfoundland and Labrador.
On the date that matter was set to be heard, the judge questioned whether it was within the court’s jurisdiction to hear the appeal.
Lawyers for all parties adjourned and later applied to have the appeal transferred to the appeals court. After the jurisdiction issue came up again, the appeals court agreed to hear submissions on the matter.
The appeal was heard Dec. 14, 2016. The decision from the three appeals court justices to send the case back to the trial division was a unanimous one.
Service NL and the Eastern Regional Appeals Board are the two defendants in the case, while Higdon is deemed an intervenor.
Joshua Chubbs’ lawyer, Johnathan McDonald, received disclosure moments before appearing in the Harbour Grace courthouse.
McDonald, who appeared on his client’s behalf in court on April 12, requested some time to review the disclosure along with Chubbs. A date was set for May 17 at 9:30 am.
“I only know what everyone else knows, really,” said McDonald. “So it’ll be good to sit down and read through the disclosure with my client, and find out the real basis for the allegations from the police.”
Chubbs, 23, is charged with unlawfully practising medicine without a license under the Medical Act of Newfoundland, and unlawfully holding out by advertisement, sign or statement to be entitled to engage in these practices. He is a resident of Carbonear.
When asked how Chubbs was feeling in the face of the allegations, McDonald said his client understood how serious the charges were.
“Right now, I told him to just try, as much as possible, to carry out his normal, day-to-day life.”
Chubbs was initially charged Feb. 20, and his next court date is May 17.
The Supreme Court of Newfoundland and Labrador Court of Appeal in St. John’s.
Joshua Chubbs of Carbonear, shown here performing on bagpipes during the town’s Memorial Day ceremony last year, faces multiple charges under the provincial Medical Act.