Judge dismisses argument to dismiss himself
Last Updated: Thursday, November 12, 2009 | 1:09 PM NT
CBC News
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A senior judge in Newfoundland and Labrador has ruled that he doesn't have to step aside from handling a lawsuit involving Darlene Neville, the province's child advocate.
Neville's lawyer had argued that comments made previously by Judge David Orsborn, the chief justice of the trial division of the Newfoundland and Labrador Supreme Court, showed that he shouldn't be involved in the case.
Bern Coffey was referring to comments Orsborn made in a previous application involving Neville and Citizens' Representative Barry Fleming in which, during those proceedings, Orsborn said "it's amazing what people can find to fight about."
Neville went to court after being suspended with pay from her job as child and youth advocate. She wanted to present her side of the story directly to the house of assembly.
Two weeks ago, her lawyer objected to comments Orsborn made in a related proceeding back in July.
But Orsborn has ruled his comments involved different facts and different legal issues, and he said there's no crossover between the two cases.
The provincial government suspended Neville in August over complaints about how her office was run.
In a release at the time, Treasury Board president Jerome Kennedy said "serious concerns have been expressed and brought to cabinet ... regarding the proper functioning of the office."
He said the concerns brought forward by the Speaker of the house of assembly included external investigations about the office and concerns about the work environment.
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