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Muskrat Falls challenge delayed

A Newfoundland judge adjourned a legal challenge Monday of the Muskrat Falls hydroelectric project as she considers whether to remove herself from the case.

Provincial Supreme Court Judge Gillian Butler said she will likely issue a written ruling next week on the matter after Brad Cabana argued she should step down because of personal, political and professional ties.

Cabana told the court that Butler has a history of representing hydro clients and, in a written submission, said she has donated to the Progressive Conservative party, now the provincial government, that supports Muskrat Falls.

Butler is also married to David McKay, a partner in the law firm that is representing former premier Danny Williams in a defamation suit and countersuit involving Cabana.

Cabana has argued that Butler is in a position of reasonably perceived bias. If she dismisses Cabana's constitutional challenge and imposes hefty court costs, it could limit his ability to argue the defamation case, Cabana told the court.

The Canadian Press


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