Professional Documents
Culture Documents
Clarence L. Bennett
Direct Dial: 506.444.8978
Direct Fax: 506.444.8974
cbennett@stewartmckelvey.com
INTRODUCTION
The following is further to your offices Recommendation dated September 26, 2016 (your
Recommendation).
Our client takes this opportunity to address a number of assertions in your Recommendation.
At the outset, we must say that our client was extremely surprised given the numerous, blatant
falsehoods, conjecture, defamatory comments, and baseless accusations in your
Recommendation.
Such statements have no basis in fact, are well beyond the Commissioners statutory mandate
and have been made gratuitously, solely to embarrass NB Liquor and certain of its employees
and therefore have been done in bad faith. We must put you and your office on notice that our
client intends to commence legal action against you for bad faith.
In this regard please consider this as notice, which our client will rely upon in Court, to preserve
any and all relevant documentation, including correspondence with Mr. Mchardie. We also
require all electronic information regarding the particulars of when each report of your findings
was posted to your offices website and any other correspondence, including notations with
respect to same.
THE REQUEST FOR INFORMATION AND NB LIQUORS ATTEMPTS TO ASSIST
NB Liquor would like to clarify how this request for information was processed by NB Liquor,
which is fundamentally at odds with the allegations set out in your Recommendation.
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Mr. Barbour and the Applicant spoke by phone and by email subsequent to the providing of the
draft media release where Mr. Barbour answered specific requests with specific answers.
These discussions included such items as the amount of growlers sold to date and the number
of growlers in NB Liquors warehouse.
As a result of the verbal and written correspondence between the Applicant and Mr. Barbour,
the Applicant published a news article on August 6, 2015 which outlined several details about
the growler program to date including:
Dollar figure associates with the expenditure of NB Liquor to purchase 40,000 growlers;
Having received no confirmation as to whether the Applicant still wished NB Liquor to process
the Applicants request for information, NB Liquor wrote to the Applicant on August 12, 2015,
(well within the timelines to extend the deadline under the RTIPPA) indicating that it was
extending the timeline to respond to September 21, 2015.
On September 21, 2015, NB Liquor wrote to the Applicant indicating the following:
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The cover page provides: A case about what not to do when receiving and processing a
request.... NB Liquor submits that such a statement goes far beyond what is necessary
in the Commissioners role of recommending whether or not a request for information
ought to be processed. The statement is juvenile, with the sole intent of humiliating NB
Liquor and is unsupported by the facts actionable bad faith.
Paragraph 23 alleges that NB Liquor boasted that it would guard that information fully,
despite any statutory obligations regarding the publics access rights. Similarly, at
paragraph 44 you state that It became immediately obvious to us that NB Liquor at its
highest management level did not care to recognize the relevant of the legislation....
This is untrue. While individual employees of NB Liquor may have expressed frustration
to the effect that it had tried to work with the Applicant to provide all information the
Applicant needed and to work with the Applicant in an effort to reduce his request to a
manageable form, it is unfair and untrue to state that NB Liquor boasted that it would
protect all such information despite its statutory obligations.
Such comments were made gratuitously, are defamatory and lack any factual foundation. As
noted above, our client reserves all legal remedies available to it to remedy what it views as bad
faith on your part and on the part of your office, conduct that is not protected by the general
immunity under s. 64(1) of the Act.
Yours truly,
Stewart McKelvey
Clarence L. Bennett
Partner
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