Judge denies request to delay Muskrat Falls case

ST. JOHN’S, N.L. – A legal challenge of the Muskrat Falls hydroelectric project will proceed after a judge rejected a request to delay the case.

Brad Cabana asked the Newfoundland and Labrador Supreme Court for an adjournment after the judge said he hadn’t properly notified Ottawa about a key part of his argument against the project.

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Judge Gillian Butler said Cabana should have sent the federal government a copy of his statement of claim.

It alleges that changes to the province’s Electrical Power Control Act violate Hydro-Quebec’s water flow contract rights on the Churchill River in Labrador.

Butler said Ottawa should have been given more notice because the case involves constitutional arguments.

Cabana asked for a 10-day delay to submit required documents, but lawyers for the provincial government and the province’s Crown energy company argued against it, and the judge dismissed Cabana’s request.