Williams v. Cabana, 2015 NLCA 6

Date: 201502 16 Docket: 15/04 Citation: Williams v. Cabana , 2015 NLCA 6 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN : DANIEL E. WILLIAMS INTENDED APPELLANT/ APPLICANT AND : BRAD CABANA RESPONDENT Coram: Welsh, Rowe and Mercer JJ.A. Application Heard: February 10, 2015 Decision Rendered: February 16, 2015 Counsel for the Appellant: Jerome P. Kennedy Q.C. Counsel for the Respondent: Self represented The Court: [ 1 ] The Court has considered the submissions of the parties in respect of Mr.

Williams’ application for leave to appeal an order, filed January 19, 2015, that “the application to strike the Statement of Claim in the within matter should not be adjudicated upon by Acting Chief Justice Orsborn or any of the Justices of the Supreme Court of Newfoundland and Labrador, Trial Division”. The order also refers to a request for the Chief Justice of Newfoundland and Labrador to appoint a Justice from the Court of Appeal to hear the application to strike the statement of claim. [ 2 ] The Court has determined that leave to appeal should not be granted.

Written reasons for this decision will follow. [ 3 ] Accordingly, leave to appeal is denied. ___________________________________ B. G. Welsh J.A.

___________________________________ M. H. Rowe J.A. ___________________________________ K. J. Mercer J.A.