Sue's Blog

Wednesday, July 27, 2016

When a loss is a big win

The media spin was typical and unfortunately dismissive of a very important win in the Newfoundland and Labrador Court of Appeal.

The headlines to this story could have - should have been much more interesting.

Example: Brad Cabana's Appeal denied

Yes the Appeal by Cabana was dismissed but the real story is the Appeal's Court take on costs.

Appeal's Court Justices Malcolm Rowe, Gail Welsh, and Michael Harrington helped define a very real and important principle in justice.

These exemplary jurists did rule the applications judge was wrong to award the defendants costs against Cabana — two counsel for the government and one each for Nalcor and CF(L)Co. 

They ruled instead in favour of good people interested in the public well-being.

They rules that Cabana's interests were not for personal gain but rather for the good of society.

They sent a clear message to government, Crown Corporations, and other heavy hitters that the Court will not automatically squash the little guy for challenging a serious public issue. 

We all know now what many of us have been preaching for some time about Muskrat Falls - it is an absolute mess. It is going to cost a fortune and we have once again subjected future generations to the enormous costs of either corrupt or incompetent activities.

Brad took his fight a different way - he tried valiantly to protect the people from their leadership.

We should take note today that three Appeals Court Judges found that Brad Cabana's motives were pure.

Tell me - can we say that about the politicians and corporate executives involved in Muskrat Falls?



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