Disclosure motion – fact-gathering – review investigation transcripts – review case law and Procedures Document – draft NOM – amend NOM – draft factum - Attend hearing June 11th, 2014 – (10:01 a – 4:36 p) – Attend hearing June 12th, 2014 (2:00 p – 2:21 p)Total: 15 hrs @ $575
Justices of the Peace Review Council
IN THE MATTER OF A HEARING UNDER SECTION 11.1 OF THE JUSTICES OF THE PEACE ACT, R.S.O. 1990, c. J.4, AS AMENDED
Concerning a Complaint about the Conduct of Justice of the Peace Errol Massiah
Before: The Honourable Justice Deborah K. Livingstone, Chair Justice of the Peace Michael Cuthbertson
Ms. Leonore Foster, Community Member
Hearing Panel of the Justices of the Peace Review Council
DECISION ON THE MOTION FOR DISCLOSURE AND PARTICULARS
Ms. Marie Henein Mr. Ernest J. Guiste
Mr. Matthew Gourlay Trial and Appeal Lawyer
Henein Hutchison, LLP Mr. Jeffry A. House
Presenting Counsel Counsel for His Worship Errol Massiah
The Disclosure Motion, you'll recall that we have filed a disclosure requests documents, and the applicant's motion record. In the interim, I must inform the panel as well, His Worship has included Mr. Jeffry House as co-counsel who will be assisting me, and Mr. Osborne Barnwell will not longer be assisting. Mr. House, unfortunately, is in a criminal proceeding today, but I understand he will be able to be here tomorrow. And we have had a lot of discussions with respect to our next steps, et cetera, et cetera.
Excerpt of Bill of Costs
Filed by Mr. House:
14 - May - 15
Justice Errol Massiah
c/o Ernest Guiste
Barrister & Solicitor
245 Yorkland Blvd
North York, ON M2J 4W9
STATEMENT OF ACCOUNT
DATE SERVICE TIME FEE
16 - Jun-14 meet with client and co-counsel to discuss case
Excerpt of H.W Massiah's
sworn affidavit dated March
19th, 2017 filed with the JPRC :
15. I instructed Mr. Guiste to bring a motion seeking particulars and disclosure in advance
of the hearing. My best recollection is that by the time this motion was brought Mr. House
was part of my defence team. There was still important outstanding disclosure when the hearing commenced in that Presenting Counsel failed to provide me with contact info for the two management witnesses I called, namely, JJ and LL. Mr. Guiste somehow tracked them down.
Excerpt of July 16, 2014
transcript at p.200:
JUSTICE LIVINGSTONE: Thank you very much for that. Anything from your side, Mr. House.
MR. GUISTE: Yes, thank you, Your Honour, I understand that Ms. JJ is retired, I believe ?
JUSTICE LIVINGSTONE: Ms. JJ.
MR. GUISTE: Yes, Ms. JJ. Clearly it seems to me that her evidence is necessary and proper. And hence, we don't have any particulars to contact her. So I'd like to make that known and make arrangements.
JUSTICE LIVINGSTONE: Thank you.
NOTE: These documents were either filed with the JPRC or issued by them. They are published here as a community service in accordance with the fundamental principle that Justice Must be Seen to Be Done. These documents clearly call into question the Hearing Panel's finding in the first Compensation Decision at paragraph 24 (v).