16 Jan 2024
World Energy GH2 Inc. v. Benoit Ryan
Defendants' Application:
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- Some Defendants sought various forms of relief, including:
- Recusal of Justice Murphy.
- Having the matter heard by a jury of Indigenous peers.
- Enforcement of orders from the "Alliance of Indigenous Nations" (A.I.N.).
- Crown consultation concerning legal fees.
- Application of Indigenous common law over federal/provincial statutes.
Court's Decision on Relief Requests:
- All claims for relief, apart from the recusal request, were dismissed due to lack of factual or legal support.
- The court found no evidence that the A.I.N. is a legally recognized body with any authority over the court.
Recusal Request:
- Defendants alleged bias, claiming a personal connection between Justice Murphy and John Risley, associated with the Plaintiff.
- The court held that the allegations were speculative and unsubstantiated.
- The judge clarified that while he had visited fishing lodges in Labrador, he had no personal connection with Risley that would affect impartiality.
- The established legal test for recusal—reasonable apprehension of bias—was not met, as there was no substantial evidence provided.
Costs:
- No immediate order for costs was made. However, the Plaintiff may apply for costs within 21 days if desired.
- No monetary award specified.