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Media companies ask judge to unseal documents in Hulk Hogan sex tape trial

ST. PETERSBURG, Fla. — A group of media outlets is asking a Florida judge to make records in the Hulk Hogan sex video case public.

Hogan, a former WWE wrestler whose real name is Terry Bollea, is suing the news website Gawker for posting a video of him having sex with the then-wife of Hogan's friend. He's claiming that Gawker invaded his privacy when it posted a clip of the video that showed him having sex with Heather Clem, the then-wife of radio shock jock Bubba the Love Sponge Clem.

Gawker and its owner, Nick Denton, maintain that the New York-based company had the right to publish the sex video of Hogan because the wrestler lost any expectation of privacy after making sexually explicit comments during media appearances. Hogan is suing for $100 million.

The trial is scheduled for March 2016 in Pinellas County Court in St. Petersburg.

The video was delivered to Gawker anonymously in 2012, and the FBI investigated the leak. Gawker filed a public records request in federal court for more information about the investigation, and the judge ordered it released. But when it was put into public record in the civil suit, the judge sealed the records.

Media companies, including the Associated Press, asked Thursday to open those records.

"It's highly unusual for this much secrecy to surround a civil proceeding," said Charles Tobin, a lawyer for Holland and Knight who is representing the media companies. "Ordinarily, whether it's a celebrity or an average citizen, once you ask the court to help solve a dispute you open the proceedings up to public review. What's going on in Hulk Hogan's case certainly is not the norm when it comes to public transparency of the courts."

Hogan, perhaps the biggest star in WWE's five-decade history, was the main draw for the first WrestleMania in 1985 and was a fixture for years in its signature event, facing everyone from Andre The Giant and Randy Savage to The Rock and even company chairman Vince McMahon.

He won six WWE championships and was inducted into the WWE Hall of Fame in 2005.

But he was able to transcend his "Hulkamania" fan base to become a celebrity outside the wrestling world, appearing in numerous movies and television shows, including a reality show about his life on VH1, "Hogan Knows Best."

___

Follow Tamara Lush on Twitter at http://twitter.com/tamaralush

Tamara Lush, The Associated Press

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Toronto Argonauts sign veteran kicker/punter Palardy to practice roster

TORONTO — Justin Palardy is back in the CFL.

The Toronto Argonauts added the veteran kicker/punter to their practice roster Thursday.

The five-year veteran has spent time in the CFL with Hamilton, Winnipeg, Ottawa and Saskatchewan, making 114-of-139 career field goals (82 per cent).

Palardy also sports a 42.1-yard career punting average.

With veteran kicker/punter Swayze Waters (groin) injured, Toronto (6-5) is looking for options heading into a crucial game Saturday against the Ottawa Redblacks (7-4).

The Argos also have punter/kicker Michael Palardy — no relation to Justin — on their roster.

 

The Canadian Press

Financial Award created in honour of retired Trade and Apprenticeships Dean
Leafs captain Phaneuf shows leadership style by taking Marner under his wing

TORONTO — On the ice at the junior level, Mitch Marner is an electrifying talent who can put up points seemingly at will. Off the ice at his first NHL training camp with the Toronto Maple Leafs, he's far more subdued.

"When I came in here I was really shy," Marner said. "I didn't really know how to talk to anyone. You're kind of scared to talk to the older guys, the vets."

So one of those older vets took it upon himself to make a connection to Marner. On the Leafs' flight to Halifax at the start of camp, captain Dion Phaneuf invited Marner to sit next to him and spent more than an hour talking to the 18-year-old about his family, his draft experience and his time with the OHL's London Knights.

"For him to come up right away and introduce himself to me was kind of special," Marner said. "He said he's always going to be there for me and help me out whenever I need it. It's special having that kind of bond with a captain of an NHL team."

Phaneuf is often maligned for his leadership style, but new coach Mike Babcock spelled out in no uncertain terms that even though he's an easy target, the 30-year-old was his captain.

"I think he's got great intentions," Babcock said. "He's our leader right now and we can really help him with the leadership side of things and we'll help him be the best he can be just like everyone else."

Reaching out to Marner was a peek into Phaneuf's behind-the-scenes approach with teammates that fans don't ever get to see and rarely hear about.

"I've been in his shoes, and that's why I do it," Phaneuf said. "I know coming into camp at a young age, it can be intimidating. ... For a new guy coming into his first camp, there could be some nerves. I just wanted to get to know him a little bit better, and I did that."

Phaneuf, who's going into his sixth season wearing the "C" for Toronto, doesn't consider what he did for Marner anything special. He said he does it all the time.

"For me, it's nothing to do with being the captain," Phaneuf said. "It's about trying to welcome him into our group and make him feel as comfortable as possible to allow him to have a really good camp."

Marner has high expectations as the fourth pick in the draft, even though he'll likely go back to the Knights for at least another season. The Leafs want their top prospects to develop before they reach the NHL, and the six-foot, 170-pound Marner has some growing to do before he should be physically ready.

Mentally, Marner took a big step thanks to Phaneuf's gesture.

"It kind of opened my eyes that if I go back to junior that's the kind of leader I want to be, introducing guys around and kind of taking them under my wing," Marner said.

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Follow @SWhyno on Twitter

Stephen Whyno, The Canadian Press

Man charged with armed robbery after arrest by Beaverlodge RCMP
Province commits up to $100,000 a year for urban deer management
Site C opponents willing to continue court appeals
TransCanada warns layoffs coming as oil downturn squeezes customers

CALGARY — Employees at TransCanada were informed this week that more job cuts are coming as part of a major overhaul that includes shedding a fifth of senior leadership positions from the pipeline and energy company.

"Falling oil prices and the current environment are having a profound impact on our customers and we must do all we can to drive down costs and pursue our projects more efficiently and strategically," spokesman James Millar said in an emailed statement.

"We are now introducing significant changes that will make us a more nimble organization that will ensure each one of our three business units — natural gas pipelines, liquids pipelines and energy — are able to make the decisions necessary to maintain competitiveness and maximize shareholder value."

TransCanada's growth plan includes $46 billion in commercially secured projects that are set to be complete by the end of the decade.

Millar said about 20 per cent of senior leadership positions are expected to be cut when layoffs and retirements are taken into account.

After that, TransCanada will continue to analyze its organizational structure. It's not clear yet how many of TransCanada's 6,000 employees may ultimately lose their jobs.

TransCanada eliminated 185 positions from its major projects division in June, the first phase of a process that's expected to wrap up in November.

Earlier this week, U.S. presidential contender Hillary Clinton came out against TransCanada's (TSX:TRP) proposed Keystone XL pipeline, a cross-border oilsands conduit that has been stuck in U.S. regulatory limbo for seven years.

Meanwhile, U.S. benchmark crude prices are hovering below US$45 a barrel — about half of what they were a year ago and below what many producers need to turn a profit.

The Canadian Association of Petroleum Producers has estimated 35,000 jobs in the oil and gas industry have been shed so far this year.

Follow @LaurenKrugel on Twitter.

Lauren Krugel, The Canadian Press

Philip J. Currie Dinosaur Museum hosts formal grand opening this Saturday
Airport projected to continue with increased traffic numbers through 2015
Professor in hearing-impaired uproar says student has ‘selective amnesia’

ST. JOHN'S, N.L. — The professor involved in a controversy at Memorial University of Newfoundland says a hearing-impaired student who claims she failed to accommodate him has "selective amnesia."

In a statement released to local radio station VOCM, history professor Ranee Panjabi says William Sears rebuffed her offer to discuss alternatives to the FM transmitter.

She says a 1996 agreement with the school allowing her to refuse to wear the device on religious grounds is binding.

Panjabi says Sears "regretfully displayed flashes of selective amnesia" as he accused her in the media of refusing to accommodate him.

She says her reputation is damaged and she has been vilified, threatened and subjected to "a witch hunt and a three-ring circus."

Panjabi further blames the university's Blundon Centre for Students with Disabilities for not properly informing her of the need for accommodation before Sears arrived at her class Sept. 10.

Sears is pursuing a complaint with the Newfoundland and Labrador Human Rights Commission.

The university has apologized to Sears and says it's reviewing how its accommodation procedures failed.

The Canadian Press

Toronto Blue Jays control their own destiny as regular season winds down

TORONTO — The Toronto Blue Jays are in control of their own destiny in the American League East. They are the favourites to win the division title and are a virtual lock to make their first playoff appearance in 22 years.

Here are five things to watch as the regular season winds down:

PRICE POSITION

The Blue Jays acquired ace David Price at the trade deadline to handle big games — especially against the New York Yankees — over the playoff push in the second half. With an 8-1 record and 1.95 earned-run average since joining Toronto, he has come as advertised.

His next start is scheduled for Saturday against the visiting Tampa Bay Rays and he'll get another start next week in Baltimore.

If the Blue Jays fall into a wild-card position, Price could be used in the Oct. 6 game on five days rest. But it's much more likely they'll take the East title and start him in the American League Division Series opener on Oct. 8.

Knuckleballer R.A. Dickey will start against the Rays on Friday night and veteran southpaw Mark Buehrle will close out the homestand on Sunday.

 

EAST FEAST

It has been an American League East-heavy schedule for the first-place Blue Jays of late and they'll continue that trend for the remaining 10 games.

After the home schedule is completed Sunday against the Rays, it's on to Baltimore for four games before wrapping the campaign with three games at Tampa Bay.

The second-place Yankees, who enter play Thursday 3 1/2 games behind the Blue Jays, are home for four-game sets against the Chicago White Sox and Boston Red Sox before closing their season with a three-game series in Baltimore.

 

REST EASIER

The 162-game regular season is a long one and any time off around this time of year is precious.

The Yankees have games scheduled every day until their finale Oct. 4. The Blue Jays, who have played one more game than New York, get a break before kicking off their last home series against Tampa Bay on Friday night.

"That's got to help us, everybody is gassed this time of year," said Blue Jays manager John Gibbons. "So much intensity too, that wears on them."

 

POWER PLAY

Toronto's offence has cooled a bit of late but the team should still finish first in several offensive categories this season.

The Blue Jays lead the major leagues in runs scored, home runs, slugging percentage and OPS (on-base percentage plus slugging). Toronto also has three players — Josh Donaldson, Jose Bautista and Edwin Encarnacion — who have reached the 35-homer and 100-RBI plateau.

It's only the second time in franchise history that three players have accomplished the feat in the same year.

The 1998 Blue Jays boasted a power trio that included Jose Canseco (46 homers, 107 RBIs), Carlos Delgado (38-115) and Shawn Green (35-100).

Donaldson leads the way this year with 39 homers and 120 RBIs. Bautista has 36 homers — one more than Encarnacion — and both have 105 RBIs.

 

ALDS PLANS

The Blue Jays have an idea of the rotation they'd like to use in the best-of-five ALDS, but they don't want to get too far ahead of themselves.

If they win the division, expect Price to work two games with Dickey and Marcus Stroman likely to get starts as well. If that happens, the Blue Jays would then have to decide whether to go with Marco Estrada or Buehrle for the remaining nod.

The ALDS is a best-of-five affair from Oct. 8-14. The American League Championship Series is set for Oct. 16-24 and the World Series — also a best-of-seven series — goes Oct. 27-Nov. 4.

___

Follow @GregoryStrongCP on Twitter.

 

Gregory Strong, The Canadian Press

Game Plan designed to help Canada’s athletes thrive in and after sport

How much responsibility should a sports organization bear for athletes about to retire or who have retired? A lot, says Hayley Wickenheiser.

"I think it's a massive responsibility," the Canadian women's hockey star said.

The caretaking of athletes is a subject close to Wickenheiser's heart.

She wrote a passionate essay earlier this year about her friend Steve Montador. One of the issues the former NHL player struggled with before his death at age 35, wrote Wickenheiser, was the end of his hockey career and livelihood.

The cause of Montador's death has not been released but researchers said after examining his brain that he suffered from chronic traumatic encephalopathy, or CTE.

Wickenheiser wrote the hockey community as a whole needed to do more for athletes at risk.

"For me, where this really hits home is with Steve Montador — the transition skills, thinking about a life after the game while you're in the game," the six-time Olympian said. "What I saw in Steve and some other athletes I've known through the years is they don't think about that until it's over and then there's this real gap and the floundering that exists there.

"It is really hard to see athletes retire and kind of flounder and not know where they're going to go."

Wickenheiser sees similar struggles in her community of Olympic athletes. Swimmers, lugers, speedskaters, paddlers and cross-country skiers also wrestle with the major life change of retirement. Most don't have the financial cushion of pro athletes.

It's difficult to leave the sport community in which you've spent half your life to enter a world for which you feel ill-prepared.

The Canadian Olympic Committee, Canadian Paralympic Committee and the country's network of sport centres and institutes are launching a new program Thursday that "we believe from inception will be the world's first high-performance wellness and transition program," COC chief executive officer Chris Overholt said.

"Game Plan" covers five areas: career management, networking, education, skill development and health.

The program includes life skills services already offered by Canadian sport centres and institutes across the country, but is broader in scope and designed to be accessible to athletes no matter where they are geographically.

"It's going to tackle a lot of areas: employment, life after sport, the mental side," Wickenheiser said. "It allows you to reach out to people who may be able to help you along the way.

"I think Game Plan is probably on the leading edge of what's out there right now currently for any transition program for athletes."

The COC and CPC worked with the professional service firm Deloitte to develop Game Plan. That partnership has been extended until 2032.

National team athletes and athletes up to two years after their retirement date are eligible for the program.

Game Plan's genesis was Overholt's meeting with a group of Olympians in Calgary a few months after the 2010 Vancouver Olympics.

"I heard some stories from the athletes involved that were a bit mind-blowing for me — the issues they faced in transition out of sport and some of the challenges that came with that, whether it be professional transition or some of the mental-health challenges that came alongside that transition," Overholt said.

Decorated swimmer Benoit Huot faces the end of his career with some trepidation. His fifth Paralympic Games in Rio de Janeiro next year will be his last.

"I would lie if I would say the transition between being an athlete and the after-athlete life wouldn't be a concern for me," the 31-year-old from Montreal said. "It's a stress because I've been an athlete for the last 20 years or so. It's the place I've felt the most confident.

"I'm still in a certain uncomfortable zone knowing that I don't exactly know what I will be doing or what will be my next role or objective after sport."

So what's in it for the COC and the CPC, in taking on responsibility for athletes preparing to walk out from under their umbrellas?

Overholt cites a study by former Olympic rower Dr. Kirsten Barnes, in which athletes said worrying about their lives post-sport compromised their performance while they were actually competing. Taking away that concern could help them win medals.

Also, sport is a profession where athletes remain the faces of their teams long after retirement. Helping them be happy retirees is a good business practice.

"We're never going to be able to say that we can look after every one of our athletes in and through their retirements," Overholt said.

"If you're asking me do I feel we have a moral duty of care? Do I feel like we have a responsibility to help them, to be the best they can be on and off the field of play while they're competing and in helping them with those things, that we can set them up for an easier transition and for success in life after sport? Absolutely."

Donna Spencer, The Canadian Press

Six stories in the news today, Sept. 24

Six stories in the news today, Sept. 24 from The Canadian Press:

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FEDERAL LEADERS IN MONTREAL FOR FRENCH DEBATE

The main party leaders are gathering in Montreal for a televised French-language debate tonight. For Bloc Quebecois Leader Gilles Duceppe, the debate will offer him a rare opportunity to speak not only to Quebec voters, but to those across the country. For her part, Green party Leader Elizabeth May will be looking to gain national attention in what may be her last opportunity to stand alongside the other leaders before the Oct. 19 election.

———

OLAND MURDER CASE BACK IN COURT

The trial resumes today for Dennis Oland, who is charged in the death of his father, well-known businessman Richard Oland. The 46-year-old has pleaded not guilty to second-degree murder in the high-profile case in Saint John, N.B. The Crown has told the jury that Oland was killed in a violent outburst that resulted in 40 blows to his head and neck.

———

STUDENT CHARGED WITH MURDER DUE IN HALIFAX COURT

The case of a 22-year-old Dalhousie University student charged with first-degree murder in the death of a fellow student is due to appear in a Halifax court today. It's expected dates for a preliminary inquiry will be set for William Sandeson. He was charged last month, four days after Taylor Samson was reported missing in Halifax. His body has not been found.

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COURT RECORDS REVEAL PAST OF ACCUSED KILLER

Basil Borutski, the man charged with first-degree murder in the slayings of three women in eastern Ontario, has a criminal history that includes allegations and convictions of violent behaviour toward his ex-wife and former girlfriends. Borutski has been charged with three counts of first-degree murder in the slayings of Anastasia Kuzyk, 36, Nathalie Warmerdam 48, and Carol Culleton, 66. He was remanded in custody until Oct. 5.

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WOMAN SAYS MOUNTIES THREATENED TO SEIZE HER KIDS

A First Nations woman from British Columbia's central coast is suing the province after two Mounties allegedly threatened to seize her three young children if she didn't let them search her vehicle for drugs. Kimberly Mack will appear in provincial court in Bella Coola today asking to be compensated $15,000 for what she alleges was an illegal search that failed to turn up any drugs.

———

POPULAR CHASE THE ACE GAME GIVEN END DATE

A wildly popular fundraising game that has drawn thousands of people to a small Cape Breton town will be brought to an end on Oct. 3 by organizers who say Chase the Ace has simply grown too big. The game, which involves finding the ace of spades in a deck of playing cards, saw its jackpot grow from $35 last October to more than $884,000.

———

ALSO IN THE NEWS TODAY ...

— Members of the Ontario legislature vote today on whether to put a cap of $3,250 on the province's estate administration tax.

— Six members of the Big City Mayor's Caucus discuss federal commitments to partner with cities on various issues.

— Premier Rachel Notley to give keynote address to the Alberta Urban Municipalities Association annual convention in Calgary.

— A 12-week trial begins in St. John's for Newfoundland and Labrador residential school students seeking compensation and an apology from the federal government for alleged abuse and cultural losses.

 

The Canadian Press

Man accused of killing three women had past brushes with law, court documents say

TORONTO — Basil Borutski, the man charged with first-degree murder in the slayings of three women in eastern Ontario, has a criminal history that includes allegations and convictions of violent behaviour toward his ex-wife and former girlfriends.

Borutski's daughters even described him as a "violent, easily agitated and tyrannical," according to an Ontario Superior Court judgment that granted a divorce to Basil and Mary Ann Borutski in 2011 and ordered Borutski to pay his ex-wife almost $93,000.

Mary Ann Borutski alleged a "steady regimen of domestic violence," including domestic assault in 1985. Borutski stood trial on assault charges and "successfully defended those charges," the divorce judgment said.

"The pattern that repeated itself over the years is that after reporting an assault (true or not) they would patch things up and Mary Ann recanted, either before trial or at trial," the judgment said.

Daughters Candace and Amanda, however, "verified their mother's version of the dysfunction in the marriage and confirmed that Basil was violent, easily agitated and tyrannical toward his family members."

"Candace testified to having vivid memory of Basil's violence toward Mary Ann dating back to the early years in the vehicle that included hair pulling, slapping and an attempt to push Mary Ann from the moving vehicle," the judgment stated.

Borutski, however, "vehemently denies having ever assaulted Mary Ann. He asserts that she is vindictive and manipulates the justice system by making false charges," the court document stated.

On Wednesday in a courtroom in Pembroke, Ont., Borutski was charged with three counts of first-degree murder in the slayings of 36-year-old Anastasia Kuzyk, 48-year-old Nathalie Warmerdam and Carol Culleton, 66. He was remanded in custody until Oct. 5.

In the years following his divorce from Mary Ann Borutski, the onetime millwright faced more allegations of violence from Kuzyk and Warmerdam, two women he dated.

In 2012, he is alleged to have assaulted Warmerdam, to have threatened to hurt one of her family members and to kill a family pet.

He was convicted of making threats and breaking a door while he lived with Warmerdam, court documents show. The assault charge was stayed by the Crown.

In a separate incident in 2012, Borutski was also convicted of assaulting a provincial police officer during an arrest. He was also found guilty of assaulting his cousin, Stanley Borutski, a jail guard, during the same incident.

In 2014, he was charged with assault causing bodily harm after Kuzyk accused him of choking her.

He was also accused of burning some of Kuzyk's possessions, including some antiques, and of stealing a car from a member of her family as well as violating a probation order that required him to keep the peace.

Those alleged incidents took place in December 2013 and January 2014.

Borutski was convicted a year ago of stealing a vehicle, assault, choking, mischief of property, operating a motor vehicle while being prohibited from driving, two counts of breach of a probation order and possessing a firearm while also banned from owning one.

He served more than 18 months in jail following the convictions and had paid hundreds of dollars in fines to his victims over the years. His brother, Will Borutski, says he was freed from jail in recent months.

The Canadian Press

Woman alleges illegal search, says Mounties threatened to seize her children

BELLA COOLA, B.C. — A First Nations woman from British Columbia's central coast is suing the province after two Mounties allegedly threatened to seize her three young children if she didn't let them search her vehicle for marijuana and crack cocaine.

Kimberly Mack will appear in provincial court in Bella Coola Thursday asking to be compensated $15,000 for what she alleges was an illegal search that failed to turn up any drugs.

"When I meet up with the cops now I feel a lot of anger," said Mack in an interview. "When I think they can get away with so much I feel angry towards them.

"I would just like an apology. That's my main thing."

RCMP Cpl. William Wallace, Const. Nick Jenkins and B.C.'s attorney general are named in the lawsuit.

A notice of civil claim states Mack was driving back to Bella Coola on May 28, 2010, with friends and family from a potlatch in Vancouver, when she parked outside a grocery store close to home for a washroom break.

Acting on an anonymous tip, police pulled alongside the vehicle and asked Mack for permission to search her vehicle, the notice states.

"They said, 'Kim, if you do not let us search your van we will get the (Ministry of Children and Family Development) involved. We'll get the dogs to search your van if you're not going to help us,'" said Mack in an interview. "I felt that I had to say yes to them."

The notice states the officers arrested Mack in front of her eight-, four-year-old and 15-month-old children and searched the entire van, even tearing off the vehicle's panelling.

"I was scared," she said, about the public search. "I felt embarrassed. Very embarrassed."

Mack said she later lost customers from her home-based convenience store and kept her eldest daughter out of school for a month, until life returned to normal.

"I didn't even want to walk into the grocery store," she added.

The RCMP and the province's Ministry of Justice and Attorney General said they couldn't comment because the case was before the court.

The ministry also referred questions to the federal Department of Justice because the RCMP was involved in the case.

Doug King, a Pivot Legal Society lawyer, is representing Mack and her co-plaintiff, Demi King.

He said they made a conscious decision to try the case in Bella Coola circuit court and not in a larger city, such as Vancouver.

"The heart of the case is about small communities — especially aboriginal communities — and how they're policed by the RCMP," he said. "This is really a case about a family that was totally innocent and had their life turned upside down."

The police allegedly didn't have a warrant, despite having ample time to secure one, said King.

Mack said she wasn't read her rights, either.

King said he hopes the case highlights the importance of legal mechanisms that keep police accountable.

He said the biggest issues in the case was the officers' threat to remove Mack's children, especially given the fraught history that exists between the state and aboriginal communities.

"A threat to take away somebody's children is not a minor threat," said King. "Historically, it's something that's happened and is a real part of people's lives in communities like this."

A date has not been set for the defendants to present their case, but that stage is expected to take place in Vancouver.

— By Geordon Omand in Vancouver

— Follow @gwomand on Twitter

The Canadian Press

Trial to resume for Dennis Oland, charged with murder of his businessman father

SAINT JOHN, N.B. — The trial resumes today for Dennis Oland who is charged in the death of his father, well-known businessman Richard Oland.

The 46-year-old has pleaded not guilty to second-degree murder in the high-profile case.

Court has heard that Richard Oland's killer would have walked away from the crime scene spattered with his blood.

Const. Duane Squires of the Saint John Police Force said he was called to Richard Oland's office at 52 Canterbury St. on July 7, 2011. 

When he arrived, he testified that he noticed the smell of a decaying body and saw a lot of blood spatter in the room.

The Crown has told the jury that Oland was killed in a violent outburst that resulted in 40 blows to his head and neck.

The Canadian Press

Case against Dalhousie University student charged with murder due in court

HALIFAX — The case of a 22-year-old Dalhousie University student charged with first-degree murder in the death of a fellow student is due in court today.

It's expected dates for a preliminary inquiry will be set in provincial court in the case against William Sandeson.

Sandeson was charged on Aug. 20, four days after Taylor Samson was reported missing in Halifax.

His body has not been found.

Sandeson's lawyer Eugene Tan says his client will seek bail in hearings on Oct. 21 and Oct. 22.

A search warrant document obtained by media outlets alleges that Samson was involved in a drug deal involving marijuana before his death.

The Canadian Press

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