Ap­peals court sends Joshua Chubbs’ lawyer re­quests New Har­bour prop­erty time to re­view dis­clo­sure dis­pute back to trial di­vi­sion

The Compass - - Sports - Edi­tor@cb­n­com­pass.ca

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.

TELEGRAM FILE PHOTO

The Supreme Court of New­found­land and Labrador Court of Ap­peal in St. John’s.

FILE PHOTO

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.

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