ST. JOHN'S, N.L. — Some of the fears Colin Way’s neighbours in the Outer Battery had about development in the area may be true, based on some comments made by his lawyer in the Supreme Court of Newfoundland and Labrador on May 8.
Bob Buckingham, who is representing Way in a variety of court matters, referenced his client talking with others about his plans to purchase property in the Outer Battery and “develop out there.”
Residents were alleging Way was planning on doing a development in the historic St. John’s neighbourhood in early 2023 when the situation boiled over.
Buckingham said the land Way had purchased next door to the Pearcey property, which is at the center of this current legal dispute, is part of his “overall development plan” which is being opposed by some residents in the area.
Conflict of interest alleged
The hearing on May 8 was specifically related to whether well-known lawyer Steve Marshall has a conflict of interest in representing the Pearcey family in its legal dispute with Way over ownership of a laneway in the Outer Battery.
Buckingham argued that conversations Way and Marshall had on a few occasions, including a dinner at Piatto’s Pizzeria where multiple other people were present, created a conflict for Marshall in this case.
"Just because Mr. Way is at dinner with a bunch of people shooting his face off about the problems that he's having with his neighbours or the city, that’s not for the purpose of obtaining legal advice."
— John Drover
Buckingham said Way had discussed with Marshall his plans for development of the Outer Battery, issues he was having with ‘anti-development’ neighbours and the City of St. John’s and that Marshall had offered his legal services to Way on more than one occasion, which Way declined.
Buckingham argued that Marshall thereby had access to information that could be used against Way in other court actions and was in a conflict of interest.
The conflict
Justice Sandra Chaytor piped up a few times during Buckingham’s submissions, saying at one point she was trying to see how the property dispute between Way and the Pearcey family related to conversations Way may have had with Marshall years before he even bought the property in question.
Buckingham said his argument was that since Way had been specific enough about the issues he was having with neighbours and the city, and that Marshall offered his legal services, Marshall was privy to information that could be used in other court actions, such as this one.
'Frankly ridiculous'
Marshall was represented by John Drover, one of his partners at the Roebathan McKay Marshall law firm.
Drover argued, among other things, that having a discussion with a lawyer in a social setting with other people present does not create a solicitor-client relationship, nor is there any reasonable expectation of privacy in such a setting.
In order for information to be considered confidential, he said, there has to be a reasonable expectation of privacy, saying the stance was “frankly ridiculous.”
“Mr. Way had no intent of obtaining legal advice. Mr. Marshall offered to provide his services to give him legal advice, and he turned it down," Drover said.
"So just because Mr. Way is at dinner with a bunch of people shooting his face off about the problems that he's having with his neighbours or the city, that’s not for the purpose of obtaining legal advice. And if you read his affidavit, he had no intention of hiring Mr. Marshall, and in fact, he had his own lawyer at the time.”
'Red herrings'
He said Buckingham’s argument “contained enough red herrings to open a fish market” and said the conflict of interest application was nothing more than a spurious delaying tactic in the case.
There is no evidence that the Pearcey family is anti-development, he said, nor that they were part of an anti-development conspiracy against Way. He said all that the Pearcey family is concerned about it protecting the property that is in dispute, which they say has been in their family for generations.
Chaytor said she understands timeliness is required in ruling on the application, and said she will inform both sides when she has made her decision.
Story so far
The court action came about following an incident in January 2023 when people allegedly employed by Way damaged a patio and stairs on Pearcey’s Twine Loft – which has been a feature in the Outer Battery for over a century – with chainsaws.
Way is alleging he owns the laneway between the twine store and the building he bought next door.
The Pearcey family says the land has been in their family for over a century and is the only way to access the family dock.
The next scheduled court date for that matter is in October.
Way is also currently facing criminal charges of extortion and mischief, which is due back in court on May 14.
