Outer Battery man has history of defamation suits, once had a man charged after he 'looked up at him'

The owner of controversial floodlights in the historic Outer Battery neighbourhood of St. John's has a running list of ongoing lawsuits, and local residents are concerned his penchant for suing people is keeping the city from stepping in.

Colin Way, who owns multiple properties at the end of Outer Battery Road, erected a powerful lighting system and neighbours have complained for months that it's shining into their houses and interfering with their everyday lives.

Despite being criminally charged with mischief in relation to the lights, Way is still not turning them off at night.

CBC News has found Way — along with his wife, Jacqueline, and their company, Way's Haulage and Excavation — is no stranger to the courts, with at least five lawsuits ongoing. Way also once had a man charged under the Highway Traffic Act for "looking up at him" as he drove past.

Way is currently in litigation with the City of Corner Brook, his hometown, over allegations related to his work as a contractor. He owns Way's Haulage and Excavation, and has worked on many contracts with the city.

In 2015, the City of Corner Brook, dealing with a wave of water main leaks, gave a contract to one of Way's competitors without putting it to tender. Way said his business was negatively affected after he complained about that contract. In a 2017 lawsuit, he claimed the city breached contracts, violated the Public Tendering Act, defamed his business and more. The city denied all the claims.

The lawsuit is still ongoing. Way later sued the city again over a contract to replace a retaining wall, which became complicated when the job required more work than initially thought. The additional work was given to a different company, even though Way won the contract for the initial job. The city denied all claims and countersued Way for breaching his contract.

Way became involved in a traffic court case in 2006, when he complained after a man passed him while he was driving uphill in a dump truck and towing an excavator.

According to court records, Way testified he became concerned the man was going to cut him off because he "looked up at him" while passing. Way complained to the police, and the man was ticketed for driving without reasonable consideration for other persons.

The two men had a long-standing feud, with the other driver saying Way would "go off the head" every time they saw each other for several years.

Judge Wayne Gorman dismissed the charge, saying the driver "certainly did not do anything which could be remotely labelled as having driven in an imprudent manner or without reasonable consideration for other persons," and that "the evidence presented in this case is not close to being sufficient to prove" a violation had occurred.

According to property records, Way bought his first place in the Outer Battery in late 2017. By 2019, a simmering property dispute with a neighbour reached the courts.

Steven Topping was seeking a court order granting him a right of way to his property at 52 Outer Battery Rd., which sits beyond the end of the paved road. Topping had access to his house through a deck on Way's property at 45 Outer Battery Rd,, which also served as an entrance to the North Head Trail on Signal Hill. 

On July 31, 2019, Topping said, Way blocked the stairs to the deck with his car. Topping began recording as Way was yelling at him. The recording shows Way repeatedly calling him anti-gay slurs while telling Topping he'll "debone" him and "boot f--k" him "down to Water Street." At another point, Way said he "knows some boys in Montreal," which Topping took as threats of connections to organized crime.