Portugal Cove South heritage group hosting fundraiser to cover legal bills

By Mark Squibb

The Portugal Cove South Historical Corporation is selling tickets on a homemade queen size quilt in a bid to pay back money borrowed from the Town for legal fees incurred in the battle to save Holy Rosary Church.

The church, along with many others around eastern Newfoundland, had been put up for sale to compensate victims of abuse by clergy of the Roman Catholic Episcopal Corporation of St. John’s, but members of the heritage group changed the locks on the door in 2024 in an effort to dissuade potential buyers. A Supreme Court judge later ruled the Episcopal Corporation was the rightful owner of the property and granted an injunction forbidding any interference in the sale of the building.

Last fall, the church was bought by an unnamed buyer, who handed the building’s ownership over to the town and the heritage group.

Tickets are three for $5, and can be purchased from any member of the Portugal Cove South Historical Corporation. Some 1,500 tickets are printed, and the prize will be mailed to the winner anywhere in Canada.

The group borrowed some $15,000 from the Town to cover the cost of legal fees. So far, they have paid back roughly $13,000, which was raised through fundraisers and donations, and hope to raise another $2,000 in ticket sales to pay the Town off entirely.

Cynthia Power of the Portugal Cove South Historical Corporation said things have been going well since the purchase of the church last fall. Mass was held at the church during Christmas.

The winner will be drawn on May 1.

Dispute between Witless Bay and former Town Manager put to bed

By Mark Squibb

Former Witless Bay Town Manager Shawn Kavanagh and the Town of Witless Bay have settled a suit over his dismissal, but the details have not been made public.

Kavanagh, a lawyer, sued the Town for $135,329 in outstanding wages, plus more in damages and costs, following his dismissal in February 2023.

According to a statement of claim filed on his behalf on June 19, 2023, Kavanagh was hired on February 1, 2022, on a fixed term basis from February 14, 2022 to December 31, 2024.

That period included a probationary period, which expired on June 14, 2023.

His hiring followed a tumultuous period at the Town Hall following the departure of a couple of top municipal officials and the election of a new council which itself was the centre of controversy over the way some councillors allegedly gained access to the Town Hall before they were sworn in.

According to Kavanagh’s statement of claim, he was fired, without cause, on February 22, 2023, and provided two weeks pay in lieu of notice.

The firing, he maintained, was a breach of his agreement with the Town and a violation of the Municipalities Act, as appropriate procedures for dismissal of a town manager were not followed.

Kavanagh, represented by the law firm Benson Buffett, sued the Town of Witless Bay for $135,329 in outstanding wages punitive damages, judgement interest, costs, and other reliefs to be determined by the court.

The Town, in a statement of defence filed on July 21, 2023, denied wrongdoing, and disputed Kavanagh’s claim that there was a fixed term agreement, claiming Kavanagh was hired as a permanent employee on an indefinite basis.

According to the Town, “it was a clear and ambiguous term of the Agreement” that council could terminate his employment at any time following the probationary period.

Furthermore, the Town, represented by the law firm Stewart McKelvey, argued that even had there been a fixed term contract, it would be in the right to terminate Kavanagh.

The Town denied Kavanagh suffered the losses set out in the Statement of Claim or that he was entitled to any damages.

“In particular, the Plaintiff’s claim for punitive damages, is completely without merit,” reads the statement of defence. “At all times, the Town treated the Plaintiff fairly, respectfully, in good faith, and not in any manner that would warrant an award of damages to the Plaintiff.”

Documents made available to the lawyers, but not included in the public record, included e-mail correspondence between councillors and staff, councillors and Kavanagh, and staff and Kavanagh, public meeting minutes, and social media posts by then councillor Lorna Yard.

Kavanagh’s firm filed an official notice of discontinuance on December 1, 2025, but neither he nor the Town would discuss the matter.

“My only comment is that I'm satisfied the matter has been settled and I am very grateful for the support shown by the people of Witless Bay and the Southern Shore since I started my solo law practice in 2024,” Kavanagh replied by e-mail when contacted in December.

Town Chief Administrative Officer Jennifer Aspell did not reply to an enquiry for comment.

Petty Harbour council gives cautious approval to development on Motion Bay Road Extension

By Tyler Waugh, Local Journalism Initiative Reporter

Petty Harbour Council has approved in principle three separate applications to build houses on the Motion Bay Road Extension.

The decision was made at council’s April 6 regular meeting, but not without some reservations.

Council approved applications for 41-45 Motion Bay Road Extension, 51-59 Motion Bay Road Extension and 30 Motion Bay Road Extension – all with conditions that included signed legal agreements about the width, condition and standard of Motion Bay Road Extension, as well as acknowledgement of no Town commitment to any future upgrades, as well as limitations on services, among other caveats.

The council motions state the agreements are necessary to protect the Town’s interests, ensure public safety and manage impacts on public infrastructure.

Councillor Kayla Parsons, who made the motions, said she is pro-development and supports reduction of red tape and other barriers. However, she added council has a responsibility that goes beyond any single application or short-term decision.

“We have to carefully consider the financial impact on the Town, the economic sustainability of our decisions, the environmental implications and the long-term obligations that we place not only on ourselves, but on all residents,” Parsons said, adding that something as significant as a road is not a simple or inexpensive undertaking considering the level of planning, engineering, and financial analysis required.

“It would not be prudent for us to make commitments today that we may not be able to support tomorrow at the same time,” Parsons said. “I do believe it is fair that property owners should have the opportunity to develop their land. This motion is an attempt to strike that balance to allow reasonable development to proceed while being transparent about the current limitations and protecting the Town from obligations we are not yet in a position to take on.”

A public consultation meeting was held March 30 on two of the applications. The third application, for Lot 30, was submitted after the meeting was called and was not included in the public consultation.

The public consultation also centred around a 2018 amendment to the Petty Harbour-Maddox Cove Town Plan and Development Regulations, which removed restrictions for development on the Motion Bay Road Extension.

Mayor Ed Dyke said he doesn’t understand the rationale for council’s change at the time and believes the resulting regulations should have better protected the Town. He said replacement costs are not well defined in the regulations for future councils to go by.

“In my opinion it should not have been done without better descriptions and limitations. I think it was the wrong decision at that time,” Dyke said. “This council should, over the next few years, update this policy again. This is my opinion.”

Dyke outlined how the Town approached the provincial government in recent years for a cost-sharing grant that was obtained exclusively to protect the water main of Maddox Cove and not upgrade the Motion Bay Road Extension to Town standards.

“There’s nowhere in the provincial government grant that states, that I’m aware of, that Motion Bay Road Extension was to be brought up to Town standards, to the best of my knowledge,” said the mayor.

Dyke said the Town paid an additional $6,000 to get the road extension up to its current standard by adding crushed stone.

The motion also outlined how applicants must submit a drainage plan signed by a qualified engineer, receive approval from the appropriate provincial authority for all on-site sewage and disposal systems, and that any future upgrades or improvements to the Motion Bay Road Extension may be funded through a Local Improvement Fee and subject to the adoption of a formal council bylaw.