Alderon Iron Ore Corp. et al. v. Cabana, (2015) 368 Nfld. & P.E.I.R. 340 (NLTD(G))

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 02, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 368 Nfld. & P.E.I.R. 340 (NLTD(G))

Alderon Iron Ore v. Cabana (2015), 368 Nfld. & P.E.I.R. 340 (NLTD(G));

    1149 A.P.R. 340

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JN.031

Alderon Iron Ore Corporation (first plaintiff/first defendant by counterclaim) v. Daniel E. Williams (second plaintiff/second defendant by counterclaim) and Brad Cabana (defendant/plaintiff by counterclaim)

(201201G3518; 2015 NLTD(G) 84)

Indexed As: Alderon Iron Ore Corp. et al. v. Cabana

Newfoundland and Labrador Supreme Court

Trial Division (General)

Harrington, J.A.(ex officio)

June 17, 2015.

Summary:

A corporation and Mr. Williams commenced an action for defamation against Mr. Cabana in June 2012. In December 2014, Cabana applied to have the statement of claim struck on the basis that the courthouse in Corner Brook had been named after Williams, who was a former premier of the province and a member of the practising bar. Acting Chief Justice Orsborn determined that the issue raised by the application was such that the application should not be adjudicated upon by him or any of his Trial Division colleagues. An order was issued in which Orsborn, C.J., requested that the Chief Justice of the Court of Appeal appoint a judge from the Court of Appeal to sit as a Trial Division judge for the purposes of Cabana's application. Williams applied for leave to appeal the order.

The Newfoundland and Labrador Court of Appeal, in a decision reported at (2015), 363 Nfld. & P.E.I.R. 354; 1129 A.P.R. 354, refused leave to appeal.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed Cabana's application to strike the statement of claim.

Courts - Topic 308

Judges - Independence of judiciary - What constitutes interference with - A corporation and Mr. Williams commenced a defamation action against Mr. Cabana after Cabana made public statements about their mining interests in Labrador - Cabana applied to have the statement of claim struck on the basis that his right to a fair trial was impaired because a courthouse in Corner Brook had been named after Williams, who was a former premier of the province - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application - Judges were appointed by the Privy Council of Canada - The provincial government had named the courthouse, and provincial governments had no role in appointing judges or monitoring their conduct - There was no merit to Cabana's argument that the independence of the judiciary was impaired - See paragraphs 14 to 20.

Practice - Topic 2207

Pleadings - Striking out pleadings - Application for - Conditions precedent - [See second Practice - Topic 2238 ].

Practice - Topic 2238

Pleadings - Striking out pleadings - Grounds - Prejudice, embarrass or delay fair trial - [See Courts - Topic 308 ].

Practice - Topic 2238

Pleadings - Striking out pleadings - Grounds - Prejudice, embarrass or delay fair trial - A corporation and Mr. Williams commenced a defamation action against Mr. Cabana after Cabana made public statements about their mining interests in Labrador - Cabana applied under rule 14.24(1)(c) of the Rules of the Supreme Court to have the statement of claim struck on the basis that his right to a fair trial was impaired because a courthouse in Corner Brook had been named after Williams, who was a former premier of the province - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application - The grounds upon which Cabana relied for his application did not meet the requirements of rule 14.24 - The defamation claim was unrelated to the collateral action taken by the province in naming a courthouse - Cabana made no application regarding the deficiency of the pleadings or the claim not being actionable at law - See paragraphs 9 to 13.

Cases Noticed:

R. v. Valente, [1985] 2 S.C.R. 673; 64 N.R. 1; 14 O.A.C. 79, refd to. [para. 5].

GRI Simulations Inc. v. Pro-Dive Oceaneering Co. et al. (2004), 243 Nfld. & P.E.I.R. 50; 721 A.P.R. 50; 2004 NLCA 74, refd to. [para. 9].

Montreal Trust Co. of Canada v. Hickman et al. (2001), 204 Nfld. & P.E.I.R. 58; 614 A.P.R. 58 (Nfld. C.A.), refd to. [para. 10].

Roberts v. Browning Ferris Industries Ltd. (1998), 170 Nfld. & P.E.I.R. 228; 522 A.P.R. 228 (Nfld. C.A.), refd to. [para. 11].

Hunt v. T & N plc et al., [1990] 2 S.C.R. 959; 117 N.R. 321, refd to. [para. 12].

R. v. Sussex Justices, ex parte McCarthy, [1924] 1 K.B. 256; [1923] All E.R. Rep. 233, refd to. [para. 15].

Statutes Noticed:

Rules of the Supreme Court (Nfld. and Lab.), rule 14.24(1)(c) [para. 3].

Authors and Works Noticed:

Barnhart, Gordon, Review of the Naming Policy for Geographic Features in Saskatchewan (2014), generally [para. 6].

Canadian Judicial Council, Ethical Principles for Judges (July 2004), generally [paras. 16, 17, 18].

Counsel:

Bradford D. Wicks, Q.C., for the plaintiffs/defendants by counterclaim;

Brad Cabana, on his own behalf.

This application was heard at St. John's, N.L., on April 2, 2015, before Harrington, J.A. (ex officio), of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment on June 17, 2015.