Court fight over headstone prolonging pain of family's loss

A protracted case playing out in a St. John's courtroom is taking a heavy toll on a woman grieving the death of her husband.

Ambrose Cahill's family wanted to honour his life with a monument but instead they've become mired in a painful legal fight that's not over yet.

Evelyn Geary, 82, and Cahill were married for more than 50 years when he died two months short of his 95th birthday in 2017.

"My mom, now in her 80s, she no longer has my dad, and this is what people don't see. She doesn't get up until noon and she cries every day, all day. The system has failed her," her son, Roy Cahill, said outside court Friday.

"The stress is unbelievable. Both my mom and I are on medication because of it, and I'm not afraid to admit it. It's because of the stress that this has caused."

Waiting more than a year

After his father died, Roy Cahill saidhis family paid W.D. Kenny Granite Companymore than $9,000 for five headstones for their family plot in Renews on the Southern Shore.

"Sixteen months later we still never got our headstones," he said.

The family has since paid another company thousands for headstones for their family plot.

They took company owner Bill Kenny to small claims court to try to get their money back but they've been frustrated with delay after delay, and theirlatest court datewas no different.

• Families mourn unmarked gravesites for months while waiting for pre-paid headstones

They showed up at provincial courtFriday morning expecting the case to proceed but instead they learned that Kenny had asked the court for a postponement for medical reasons and a judge granted it.

"Like a kick in the gut. He's doing everything he can to get out of going to court, but his dayis coming," said Cahill.

The matter was before Judge Jim Walsh. In an effort to speed things up, he set a trial date for November and ordered Kenny to provide supporting evidence if he asks for another postponement for medical reasons.

"We're very pleased," said Cahill. "We want our money back andcompensation for pain, suffering and damages and for him to be put out of business once and for all so he can never do this to any family that is grieving the loss of a loved one like I am."

Member of other families who say they've had similar trouble with Bill Kenny were also in court Friday.

No comment from Kenny

The phone number listed online for W.D. Kenny Granite Company is no longer in service.

CBC News called Bill Kenny Monuments, in Mount Pearl, and spoke with a man who said he was Bill Kenny.

He didn't answer when asked if he would appear in court in Novemberbut asked for contact information and said he would return CBC's call.

Read more from CBC Newfoundland and Labrador