Family grieves for Karen Lafferty
A Yellowknife woman killed in a drunk driving accident on May Long weekend was remembered as kind and ambitious during a sentencing hearing Friday for Joshua Moore, the man convicted in her death.
Family members of Karen Lafferty – who was 30 years old when the car she was in, driven by Moore, crashed into a pond near Prosperous Lake – expressed the loss and "suffering" they felt in the wake of her death through victim impact statements read in NWT Supreme Court.
"I lost a big part of my heart. Karen's not coming back to us," a statement from Lafferty's mother Lily Ann Bouvier read.
Bouvier, detailing depression and work woes following the death of her daughter, said in her statement she still sits beside the phone waiting for Lafferty to call.
"In my dreams I see her looking at me, but then I wake up."
Bouvier's emotional statement also lamented the loss of potential in a life taken too soon.
"She was strong and so young. I wanted to see her graduate college," read Bouvier's statement.
The victim impact statements, six in total, were submitted to Judge Louise Charbonneau Friday.
Family members initially did not wish to submit statements, and none were put forth during Moore's sentencing hearing on Dec. 19, but Lafferty's mother, grandmother and other relatives opted to do so on Friday.
Crown prosecutor Alex Godfrey attributed the change to the "extreme" nature of the case, noting it often takes family longer to make "these types of decisions."
While Moore's defence lawyer, Ryan Clements, called the development – which effectively re-opened his client's sentencing hearing – "regrettable," he said Moore wouldn't stand in the way of hearing the victim impact statements.
Moore was found guilty of impaired driving causing death after he got behind the wheel while drunk in the early hours of May 21, losing control of the vehicle on the Ingraham Trail and crashing into a nearby pond.
Before the accident, Moore picked up four passengers, including Lafferty, and had driven around Yellowknife at speeds of up to 180 km/h.
Despite being "hurt and sad" Bouvier told Yellowknifer outside of the courtroom she's taking a page from the Bible in dealing with death of her daughter.
"We need to be able to forgive. We forgive him. I forgive Joshua Moore," Bouvier said.
Judge Charbonneau will make a sentencing decision on Wednesday, Jan 17.
Mantla changes mind, will face judge alone
Accused murderer Kevin Mantla, who had previously elected to be tried by a judge and jury, will now face a judge alone following a submission from his defence in NWT Supreme Court Friday.
Kevin Mantla enters the Yellowknife courthouse on Friday. Charged in the death of Elvis Lafferty, Mantla will now be tried by a judge alone following a reversal submitted by his defence, Charles Davison.
The change, put forth by Mantla's lawyer Charles Davison and agreed to by Crown prosecutor Blair MacPherson, means Mantla's fate will be put in the hands of a judge when he heads to trial for the 2015 death of Elvis Lafferty.
Supreme Court hears arguments in Folk on the Rocks civil case
The wording of an employment agreement between the Folk on the Rocks Society (FOTRS) and its former head David Whitelock was the main point of contention during a hearing in Supreme Court on Monday to determine whether an appeal of a previous ruling can go ahead.
Citing the "plain language" included in his client's 2014 contract with FOTRS, lawyer Stuart Chambers argued Whitelock is entitled to an unpaid bonus – one that the festival says it shouldn't have to pay.
Whitelock, who oversaw the festival as its executive director from 2014 to 2015, took his former employer to court after being terminated in December 2015 while on sick leave.
An Employment Standards officer initially sided with FOTRS in June 2016 – a decision that was later upheld by an adjudicator on April 4, 2017 after Whitelock appealed the officer's ruling.
Whitelock's employment agreement, which court records show stated he was "entitled to a bonus equal to 20 per cent of any general purpose cash income for the fiscal year ending Aug. 31, 2013," clearly shows he is eligible to the claim, argued Chambers.
Representatives for the Society asked Judge S.H. Smallwood to dismiss the appeal on the grounds that the wording of the contract indicated the bonus was discretionary and not guaranteed.
The festival had no extra cash to pay Whitelock – it ran a $115,000 deficit in 2013 – and thus wasn't obligated to pay him, a contention he said was backed by the wording of the contract. Court documents show FOTRS contends the money "is not promised, only the possibility of a bonus based on the increased cash income generated during fiscal period."
Having submitted payment for outstanding wages and termination pay, FOTRS argues no further wages are owed.
Judge Smallwood, hearing arguments from both parties, will submit a written decision on whether Whitelock's appeal can go ahead.