Septic permit wrangle cost town over $40K

By Mark Squibb

A council decision to revoke a septic system permit five years ago cost Witless Bay taxpayers some $37,862 in legal fees.

That’s what the Town of Witless Bay paid lawyers during two attempts in Supreme Court to uphold council’s decision to revoke a well and septic system permit that had been granted by a previous council to Gary and Ann Marie Churchill for their property near the end of Gallows Cove Road.

Council approved an application for the well and septic system in August 2021, and Service NL gave the greenlight for its installation in October that year.

However, when an entirely new slate of councillors was elected to office in September 2021, some of whom had campaigned on a platform of stopping development in parts of the community, it quickly rescinded a slew of motions from earlier years, including the permit for the Churchills’ septic system.

Gary Churchill appealed that decision to the Regional Municipal Appeal Board. The board determined it had no jurisdiction to hear the appeal, and so Churchill took the matter to Supreme Court in April 2024.

The Court determined the Board did have jurisdiction, and ordered the Town to pay the couple $1,100 in legal fees.

In a continuing bid to have the septic permit reinstated, Churchill took both the Town and the Appeal Board to court again last year after the Appeal Board had heard the matter and ruled the Town had the right to rescind the permit.

But once again, a Supreme Court judge ruled in Churchill’s favour, and once again, the Town was forced to pay the couple $1,100 in legal fees.

The Irish Loop Post had asked Town staff for the amount spent on legal representation but was told the information would only be provided through an Access to Information request.

The $37,862 the Town spent on lawyers does not include the $2,200 in legal fees it had to pay the Churchills.

Ferryland hoping feds pony up for new wharf and shoreline protection

By Tyler Waugh, Local Journalism Initiative Reporter

Ferryland councillors are awaiting word on whether the town will receive federal funding in 2026 to complete critical infrastructure work in the harbour, as there has been no update since the release of the federal budget last fall.

At the April 14 public council meeting, Mayor Aidan Costello said the Town partnered with the Department of Fisheries and Oceans (DFO) through its Small Craft Harbours (SCH) program to develop a concept harbour plan in 2022 that would make improvements to existing harbour infrastructure and build new shoreline protection from worsening climate change.

“Recent storms are causing a lot of damage to town infrastructure (roads and water supply system), as well as the Colony of Avalon Archaeological dig,” he said, adding there have been additional impacts to the road to the lighthouse, and private businesses and properties. “The town is currently working with SCH and government to secure funding for this very important project to help protect our harbour, our town and history from further deterioration.”

Councillor Kevin Walsh said it’s “disgusting” that Ferryland continues to go without this critical infrastructure.

“We are the only community on this whole island that doesn’t have a wharf,” Walsh said during discussion of the topic during the business arising section of the meeting agenda.

Costello told council the Town has been working with SCH for four years and there is an accepted concept plan that has pre-engineering work completed.

SCH, a nationwide program run by DFO, operates and maintains a national system of harbours to provide commercial fish harvesters, and other harbour users, with safe facilities.

Portugal Cove South heritage group hosting fundraiser to cover legal bills

By Mark Squibb

The Portugal Cove South Historical Corporation is selling tickets on a homemade queen size quilt in a bid to pay back money borrowed from the Town for legal fees incurred in the battle to save Holy Rosary Church.

The church, along with many others around eastern Newfoundland, had been put up for sale to compensate victims of abuse by clergy of the Roman Catholic Episcopal Corporation of St. John’s, but members of the heritage group changed the locks on the door in 2024 in an effort to dissuade potential buyers. A Supreme Court judge later ruled the Episcopal Corporation was the rightful owner of the property and granted an injunction forbidding any interference in the sale of the building.

Last fall, the church was bought by an unnamed buyer, who handed the building’s ownership over to the town and the heritage group.

Tickets are three for $5, and can be purchased from any member of the Portugal Cove South Historical Corporation. Some 1,500 tickets are printed, and the prize will be mailed to the winner anywhere in Canada.

The group borrowed some $15,000 from the Town to cover the cost of legal fees. So far, they have paid back roughly $13,000, which was raised through fundraisers and donations, and hope to raise another $2,000 in ticket sales to pay the Town off entirely.

Cynthia Power of the Portugal Cove South Historical Corporation said things have been going well since the purchase of the church last fall. Mass was held at the church during Christmas.

The winner will be drawn on May 1.

Dispute between Witless Bay and former Town Manager put to bed

By Mark Squibb

Former Witless Bay Town Manager Shawn Kavanagh and the Town of Witless Bay have settled a suit over his dismissal, but the details have not been made public.

Kavanagh, a lawyer, sued the Town for $135,329 in outstanding wages, plus more in damages and costs, following his dismissal in February 2023.

According to a statement of claim filed on his behalf on June 19, 2023, Kavanagh was hired on February 1, 2022, on a fixed term basis from February 14, 2022 to December 31, 2024.

That period included a probationary period, which expired on June 14, 2023.

His hiring followed a tumultuous period at the Town Hall following the departure of a couple of top municipal officials and the election of a new council which itself was the centre of controversy over the way some councillors allegedly gained access to the Town Hall before they were sworn in.

According to Kavanagh’s statement of claim, he was fired, without cause, on February 22, 2023, and provided two weeks pay in lieu of notice.

The firing, he maintained, was a breach of his agreement with the Town and a violation of the Municipalities Act, as appropriate procedures for dismissal of a town manager were not followed.

Kavanagh, represented by the law firm Benson Buffett, sued the Town of Witless Bay for $135,329 in outstanding wages punitive damages, judgement interest, costs, and other reliefs to be determined by the court.

The Town, in a statement of defence filed on July 21, 2023, denied wrongdoing, and disputed Kavanagh’s claim that there was a fixed term agreement, claiming Kavanagh was hired as a permanent employee on an indefinite basis.

According to the Town, “it was a clear and ambiguous term of the Agreement” that council could terminate his employment at any time following the probationary period.

Furthermore, the Town, represented by the law firm Stewart McKelvey, argued that even had there been a fixed term contract, it would be in the right to terminate Kavanagh.

The Town denied Kavanagh suffered the losses set out in the Statement of Claim or that he was entitled to any damages.

“In particular, the Plaintiff’s claim for punitive damages, is completely without merit,” reads the statement of defence. “At all times, the Town treated the Plaintiff fairly, respectfully, in good faith, and not in any manner that would warrant an award of damages to the Plaintiff.”

Documents made available to the lawyers, but not included in the public record, included e-mail correspondence between councillors and staff, councillors and Kavanagh, and staff and Kavanagh, public meeting minutes, and social media posts by then councillor Lorna Yard.

Kavanagh’s firm filed an official notice of discontinuance on December 1, 2025, but neither he nor the Town would discuss the matter.

“My only comment is that I'm satisfied the matter has been settled and I am very grateful for the support shown by the people of Witless Bay and the Southern Shore since I started my solo law practice in 2024,” Kavanagh replied by e-mail when contacted in December.

Town Chief Administrative Officer Jennifer Aspell did not reply to an enquiry for comment.