This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).
Mr. Cabana initiated legal proceedings on the grounds that the development of the Lower Churchill River hydro-electric project was unlawful, as the Province of Newfoundland and Labrador had failed to hold a public referendum before approving the project, and had also put the financial wellbeing of the public at risk, and in doing both had violated the Canadian Charter of Rights and Freedoms.
As the preparations for trial got underway, Mr. Cabana applied for an interim declaration that work on the Lower Churchill River development should stop until the trial had concluded. In order for the Court to grant an interim declaration, Mr. Cabana had to prove that there was a serious issue to be tried, that he would suffer irreparable harm if the declaration were not granted, and that the balance of convenience was in his favour (i.e., that allowing the development to go forward would inconvenience Mr. Cabana more than stopping the development would inconvenience the Province and the developers).
The Court held that Mr. Cabana had failed to meet all three requirements of the test, and it therefore denied his application for an interim declaration.
To read related decisions, go to:
Cabana v. Newfoundland and Labrador, 2013 CanLII 10499 (NL SCTD)
Cabana v. Newfoundland and Labrador, 2014 NLCA 1 (CanLII)
Cabana v. Newfoundland and Labrador, 2014 NLCA 34 (CanLII)
Cabana v. Newfoundland and Labrador et al., 2016 NLCA 75 (CanLII)
Cabana v. Newfoundland and Labrador, 2015 CanLII 73452 (NL SCTD)
Cabana v. Newfoundland and Labrador, 2016 NLCA 39 (CanLII)