By Mark Squibb
Gary and Ann-Marie Churchill have won another legal sparring match with the Town of Witless Bay over council’s decision to revoke a septic system permit it had initially approved for the couple’s Gallows Cove Road property.
Council approved an application for a well and septic system in August 2021, and Service NL gave its approval for installation of a sewage system and water supply that October.
Following the September election of 2021, which saw an entirely new slate of candidates elected to office, the newly minted council rescinded a list of motions approved by the previous council, including the approval of the Churchills’ septic system
Gary Churchill brought that decision to the Appeal Board. The board however, determined that it had no jurisdiction to hear the Appeal, and so in April of 2024, Churchill brought the matter to the Supreme Court, which determined the Board did in fact have jurisdiction to hear the appeal. Supreme Court Judge Alexander MacDonald revoked the board’s decision and ordered the Town to pay the couple $1,100 in legal fees.
Churchill took both the Town and the Appeal Board to court in 2025 in a bid to have the rescinding of the motion overturned. The Appeal Board allowed that the Town had the right to rescind the motion as it could be argued that council approved Churchill to seek permission from Service NL for a septic system and did not actually approve the septic system itself.
But once again, a Supreme Court judge has ruled in Churchill’s favour.
“The Recission Motion presumes that the Original Motion was not an application for a development permit, which is legally incorrect based upon the subsequent decision of Justice MacDonald,” reads the decision handed down by Justice David G. Conway on February 6, 2026.
Conway revoked the Appeal Board’s decision but noted it was not the role of the Court to revoke the motion of council.
Once again, the Town was ordered to pay Churchill $1,100 in legal fees.
“I feel wonderful (about the recent decision), but I’m not surprised,” said Churchill. “It was such an illogical thing that went on I couldn’t believe that it happened. We had a permit, we were given permission to proceed, and then they decided that that permit wasn’t good enough… There’s no glory in winning. This should have never happened in the first place.”
Churchill said despite his best efforts, he has not yet been able to set up a meeting with council.
“I don’t know how I could present it any more logically than I did in court,” said Churchill. “And whether I’ll ever get that opportunity to present it to the council, I doubt it.”
Moving forward, Churchill said the only two options left on the table are for the Town to either approve the septic tank or go back to the Appeal Board once again and begin the process anew.
“When does common sense prevail?” mused Churchill. “Property owners’ taxes are going to prevent me from putting a toilet on my land. It can’t get any more ridiculous than that.”
Town Manager Jennifer Aspell, meanwhile, said information on how much the Town has spent in legal fees trying to overthrow the permit would have to be obtained through an Access to Information and Protection of Privacy (ATIPP) request, which the Irish Loop Post has filed.
Mayor Jacob Hayden said the Town had no comment on the Supreme Court decision.
