Yntegra says Sampson Cay hearing will proceed after judge rejects bid for delay

In a September 24 press release, the developer said Justice Leif Farquharson refused Turtlegrass’s application for permission to appeal earlier procedural decisions and rejected its request to delay the hearing, scheduled to begin the week of September 28.

The application challenged the court’s refusal to admit six expert reports and certain amendments to the case. According to Yntegra, the judge said the applications to rely on the reports were made “exceedingly late” and that the proceedings had “already suffered delay arising from previous interlocutory applications.” He found that “the balance of justice” favoured keeping the hearing date. Costs were awarded to the government respondents and Yntegra.

The developer also cited two earlier disclosure rulings. It said the court dismissed applications against the government in June and ordered limited disclosure from the developers. A further disclosure bid by Turtlegrass and Over Yonder Cay was dismissed in September.

In the June ruling, Justice Farquharson cautioned against “fishing expeditions”, describing several requests as “blatant fishing expeditions” and the evidentiary record as “already very fulsome by any standard,” according to Yntegra’s release.

Yntegra said the judge found in September that the applicants sought “wide-ranging disclosure” on peripheral matters despite the “extremely fulsome record already before the Court”. It said he described aspects of a request concerning a proposed solar facility as “speculative and not necessary”.

“Once again, the Court has rejected an attempt to expand or delay these proceedings,” a Yntegra spokesperson said. “If the opponents are as confident in their case as they say, they should welcome the chance to present it at next week’s hearing.”

Yntegra said it is ready to address the substantive challenges in court. The procedural rulings have not decided the underlying challenge to the proposed development.