Defamation suit launched
Joyce sues Ball, Gambin-walsh, Chaulk, Trimper
Humber-bay of Islands MHA Eddie Joyce is suing Premier Dwight Ball, two MHAS and the commissioner for legislative standards for defamation.
The lawsuit, filed in Supreme Court in Corner Brook on April 16, alleges defamation stemming from a complaint by Placentia-st.
Mary’s MHA Sherry Gambin-walsh received by commissioner for legislative standards Bruce Chaulk. Gambin-walsh alleged Joyce had used bullying and harassment tactics during his time as minister of Municipal Affairs.
After an investigation — which was supported by law firm Rubin Thomlinson — the resulting report, presented to the House of Assembly on Oct. 18, 2018, found Joyce in violation of Section 10 of the MHA Code of Conduct and recommended reprimand by the House of Assembly. The reprimand agreed to was sensitivity training and an apology issued on the floor of the House of Assembly, which Joyce delivered in November 2018.
The 42-page statement of claim filed by Joyce through lawyer John Noseworthy — which has not yet been tested in court — claims $403,288.60 in damages to Joyce, with other costs to be determined by the outcome of the court action.
The claim alleges that Ball “acted maliciously” toward Joyce during the investigation into Joyce’s conduct. The claim alleges Ball had “refused to disclose emails and text messages, made misleading statements to the House of Assembly and was in conflict of interest by having contact with (Chaulk).” The claim also cites Ball for “enabling a flawed disciplinary process.”
Lake Melville MHA Perry Trimper, who served as Speaker of the House of Assembly during the debate about the Joyce report in 2018, is named for chairing the House of Assembly Management Commission.
The statement of claim alleges Trimper suppressed evidence during a technical briefing related to the investigation.
The claim alleges Trimper “was in breach of his statutory duty toward (Joyce), and the public” and that “(Trimper) was aware of this (and knew) or should have known that his actions and/or omissions would injure (Joyce).”
Chaulk is named in the statement of claim for allegedly breaching the duties of his office. The claim alleges Chaulk did not offer the opportunity for an in-person interview to Joyce to defend himself, and that there was inadequate time given to allow Joyce to respond to the allegations against him.
Gambin-walsh is alleged to have defamed Joyce through her complaint to
Chaulk’s office.
The claim alleges Gambinwalsh “acted with bad faith and malice towards (Joyce) by pursuing a complaint against (Joyce), making untrue and vague allegations against (Joyce),” among other complaints.
A court date for the lawsuit is not yet known.