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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.



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