After 4 years, 2021 N.L. election challenge will be heard in court

After four years of moving slowly through the courts, two people will have their day in June over the 2021 chaotic Newfoundland and Labrador election.

In a judgment issued by the Supreme Court of Newfoundland and Labrador on Monday, the trial date has been set for June 16.

The lawsuit stems from when Alison Coffin, the former Newfoundland and Labrador NDP leader who lost her seat in to St. John's East-Quidi Vidi to Liberal John Abbott, alleged that issues during the last provincial election — including special ballots — resulted in her right to vote being denied. 

The other plaintiff is Whymarrh Whitby, a St. John's man who claims he never received a ballot for the election and wasn't able to vote.

The defendants in the case are former chief electoral officer Bruce Chaulk, electoral officer Sherry Morrissey and Abbott, who is currently running to become leader of the Liberal Party of Newfoundland and Labrador, and by extension the next premier.

"Overall, I am satisfied that this matter is ready for trial," Justice Garrett Handrigan wrote in his judgment.

He did accept that the defendants — particularly Abbott — want some matters addressed ahead of the trial, but he believes that can be resolved before the trial is scheduled to take place.

"The plaintiffs have shown by their application that they have 'crystallized' their evidence, that the defendants are informed of it and that it is a well-appointed, concise packet that they will rely on at trial," wrote Handrigan.

Three candidates — Coffin and PC candidates Jim Lester and Sheila Fitzgerald — have been calling for a new byelection in their respective districts since 2021.

Arguing for trial

On March 20 the judge heard the applicants. Coffin and Whitby, represented by lawyers Will Hiscock and Lori Wareham, argued they were ready for the matter to go to trial.

However, lawyers for Elections Newfoundland and Labrador and Abbott argued it was too late for a the controverted election application to go to trial, as a new general election is likely months away.

In Handrigan's judgment, he said that Abbott is "adamant that this matter is not ready for trial. Generally, he submits that the plaintiffs have failed to provide a coherent and comprehensive basis for their claim. He submits further that he does not know the case that he has to meet, despite his repeated requests and demands of the plaintiffs."

Abbott, according to the judgment, also alleges that Coffin and Whitby have "not been diligent in meeting his requests for disclosure of evidence."

In their memorandum of facts and law, Coffin and Whitby argued "the issues in this matter are fundamental and constitutional rights of the plaintiff."

As a provincial election must happen this year, they say delaying their trial "risks an increasing likelihood the plaintiffs will be denied a remedy to their claim is successful."

Download our free CBC News app to sign up for push alerts for CBC Newfoundland and Labrador. Sign up for our daily headlines newsletter here. Click here to visit our landing page.