Chatting on wharf not grounds to allow return of N.L. man banished from wharf: court
THE CANADIAN PRESS
Published Tuesday, May 14, 2019 10:52AM ADT
ST. JOHN'S, N.L. -- A Newfoundland court is rejecting a man's request he be allowed to return to a local wharf after he argued his banishment had harmed his social life.
The May 10 decision by the Newfoundland and Labrador Supreme Court says Wayne Fulford was required to stop using the Placentia Area Harbour Authority wharf on the Avalon peninsula's western coast and had to remove his boat.
The court document says Fulford had a conflict with another boat owner, Tony Barry, at the wharf, and that their vessels had a collision.
It quotes Barry as saying Fulford hadn't co-operated with the directors of the harbour authority and had "harassed users of the wharf to join in his protest" against the wharf managers.
Fulford had countered the wharf wasn't entitled to use the Petty Trespass Act to keep him away, and that keeping him away was causing "irreparable harm to his mental and physical health."
His wife testified that Fulford had enjoyed going to the wharf to attend to his boat and talk to other fishermen, and since his banishment had become confused, forgetful and isolated.
Justice David Orsborn's decision says he didn't accept the effect of his banishment amounted to "irreparable harm."
Orsborn says that while it's true that talking and interacting with others at the wharf was an important part of daily life, "there are other opportunities for social interaction," in the community.
The judge commented the relationship between Barry and Fulford had appeared to have deteriorated badly and the relationship between Fulford and the harbour authority "has not been a happy one."
"It seems to me that this situation has now deteriorated to the point where any substantive issues have been taken over by a clash of personalities, all leading to a refusal to talk through any differences as rational and reasonable people," wrote Orsborn.