Friday, May 5, 2017

JP Seeks Leave to Reply on Mr. House's Letters and Presenting Counsel's Submissions


IN THE MATTER OF a complaint respecting
Justice of the Peace in the
Central East Region


          TAKE NOTICE THAT the His Worship Justice of the Peace Massiah hereby seeks leave to bring a motion before the Panel as directed by the Registrar seeking – 1. Leave to respond to the Hearing Panel’s inquiry on Mr. House’s letter of April 19th, 2017 and 2. Leave to reply to issues in Presenting Counsel’s submissions of May 1st, 2017 calling for a reply.

The Grounds for the Application are:

1.      On or about April 19th, 2017 Mr. Jeff House, then co-counsel of record for H.W. Massiah wrote to the Registrar of the Justices of the Peace Review Council seeking to be removed as counsel of record without notice to H.W. Massiah or his co-counsel;

2.      Although Mr. House did not bring a motion to be removed as solicitor of record his request was promptly brought to the attention of the Hearing Panel by the Registrar – even though the Registrar/Panel has consistently applied different rules of practice to all other grievances and motions initiated by H.W. Massiah;

3.      The Hearing Panel asked whether H.W. Massiah was notified of Mr. House’s request to be removed as counsel of record and invited a response from H.W. Massiah. 

4.      Mr. House then sent a letter dated May 1st, 2017 withdrawing his request to be removed as counsel of record - once again without notice to H.W. Massiah.  The Registrar then notified co-counsel Mr. Guiste that Mr. House’s letter was put to the Hearing Panel;

5.      Mr. House was notified by H.W. Massiah on May 2nd, 2017 that his retainer was terminated.

6.      Presenting Counsel served their submission on May 1st, 2017 and stepped outside of her role as defined by s. 4 of the Procedures Document of the Justices of the Peace Review Council and has become a full-fledged advocate improperly piercing and violating H.W. Massiah’s right to counsel and solicitor-client privilege in her written submissions by the following actions:

1.      unfairly commenting on steps taken on behalf of H.W. Massiah in defending his office;

2.     unfairly disparaging H. W. Massiah for defending his office in accordance with the Justices of the Peace Act and international law on the subject matter;

3.      exceeding the proper ambit of the jurisdiction provided her by the enabling legislation and Procedures Document and actually assessing/taxing and improperly politicizing the Bill of Costs properly submitted by H.W. Massiah with the following inappropriate and improper submissions:

1.   (2)  Presenting Counsel submits that if this this new approach 
leads to a recommendation for compensation being made, 
it should be for a modest mount of time counsel claims to have 
spent on the case. The astronomical quantum of fees claimed by 
Mr. Massiah has no basis in precedent or common sense and the 
public would be rightly outraged if asked to foot the bill.  This 
was, at its core, a relatively straightforward hearing that Mr. 
Massiah’s counsel, Mr. Guiste, chose to conduct in an 
extraordinarily Un-straightforward and vexatious manner.  
Any compensation recommended should be calibrated to what 
an effective and focused defence would have entailed.

2.   (4)   These “motions” do, however, serve to underline 
the manner in which Mr. Massiah has chosen to litigate this 
case... Coming from someone who was once a sworn judicial 
officer and who seeks to have the public pay for his lawyers, 
this conduct is troubling.

3.   (15)   Mr. Guiste’s conduct in representing Mr. Massiah in 
the case at bar cannot be seen to have advanced that objective;  
quite the contrary.  As reflected in the panel’s Addendum to its 
reasons on the initial compensation hearing, it often made a 
mockery of the process and did nothing to advance Mr. Massiah’s 
interests. This too should be considered by the Panel in deciding 
whether to make a recommendation for compensation.      
4.  unfairly and improperly asserting at para 16 reliance on 
the panel’s Addendum which Presenting Counsel invited by 
the following statement published in the Toronto Sun: 
“extensive public expenses are being incurred” and Massiah’s 
lawyer must be reigned in or “this will turn into a never ending 

5.  Toronto Star journalist Jacque Gallant’s E mail dated 
May 3rd, 2017 attached raises reasonable concerns that 
confidential documents are being supplied to the media in 
what appears to be an effort to galvanize public opinion and 
scorn against H.W. and his counsel.        
This statement is contrary to their role under the Procedures 
Document and Rule 4.01 (3) of the Rules of Professional 
Conduct for Lawyers in Ontario.    

7.      Section 4 of the JPRC’s Procedural Code for Hearing;

8.      Rule 4.01(3) of the Rules of Professional Conduct.

The following documentary evidence will be relied upon:

1.  Jeff House letter dated April 21st, 2017, May 1st, 2017 and
     and Registrar/Hearing Panel responses.                     
2.  E mail dated May 3rd, 2017 from Jacques Gallant of TorStrar.     

            The Applicant may be served with documents related to this motion at the office of his solicitors of record, E.J. Guiste and J. House pursuant to the Rules.

May 3rd, 2017                                                                       

Professional Corporation
Trial & Appellate Advocacy
2 County Court Blvd., Suite 494
Brampton, Ontario
L6W 3W8

(416) 364-8908
(416) 364-0973 FAX
Co-counsel for the Applicant

Barrister & Solicitor
31 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Tel.(416) 707-6271
Fax (416) 960-5456

Co-counsel for the Applicant

Henein Hutchison LLP
235 King Street East, 3rd Floor
Toronto, Ontario
M5A 1J9

Ms. Marie Henein and Mr. M. Gourlay

Fax (416) 368-6640



Justices of the Peace Review Council
31 Adelaide Street East
Toronto, Ontario
M5C 2J3
Ms. Marilyn E. King, Registrar   - E mail

Fax (416) 327-2339

Toronto Star Reporter, Jacque Gallant's 
E mail dated May 3rd, 2017

Subject:  Toronto Star - Massiah compensation
From:  Gallant, Jacquesg (
Date:   Wednesday, May 3, 2017 11:17 AM

Hi Ernest,

I'm writing this week about the compensation issue in the Massiah case. 
I have copies of your submissions and a copy of presenting counsel's 

Are you asking for $770,360.16 to be covered by the Attorney General ?
Presenting counsel say it's not clear, but thare are assuming you are.

And do you have any comment on presenting counsel's statements about 
you and the bill of costs in their submissions saying you and Mr. Massiah
were vexatious in the proceedings and slowed it down, and that your
bill of costs is confusing and shambolic ?

Finally, do you have any comment on Jeffry House asking to be removed
as counsel of record ? I would need to know by 4 p.m. tomorrow (Thursday)


Jacques Gallant
Legal Affairs Reporter
Toronto Star

Mr. House's Letter dated April 21, 2017

Dear Ms. King:

RE: Errol Massiah - Judicial Misconduct allegations at the Justice(sic) of the Peace
Review Council

Please remove me as counsel of record in this matter.

Please note that I have had only very limited participation in the matter of
reconsideration of costs, and therefore will not be billing other than the
account I submitted at the end of the hearing.

I would appreciate being informed when the panel comes to its decision.

Yours truly, 

cc. Presenting Counsel

Registrar's letter dated April 27, 2017 
to Mr. House

Dear Mr. House:

RE: Request to be Removed as Counsel of Record

Further to your letter, dated April 21, 2017, requesting that you be removed from 
the record, the Hearing Panel has asked me to inquire of you on the Panel's 
behalf whether you consulted with Mr. Massiah on your request and, if so, what
is Mr. Massiah's position.

Thank you.

Yours truly, 

Marilyn E. King
c. Mr. Ernest J. Guiste, co-counsel for Mr. Massiah
Ms. Marie Henein and Mr. Matthew Grourlay, Presenting Counsel

Mr. House's letter dated May 1, 2017

Dear Ms. King:

RE: Errol Massiah 
Judicial misconduct allegations at the Justice(sic) of the Peace Review Council

I have been unable to communicate with Mr. Massiah since your letter of April
27th 2017.

While it was my understanding that Mr. Massiah was in agreement that I be
removed from the record, I cannot now state that affirmatively.

Given that I am hopeful that we are close to the end of these proceedings, I 
therefore withdraw my request to be removed from the record.

I trust that this is appropriate.

Yours truly, 

cc: Mr. Ernest J. Guiste, co-counsel, Marie Henein and Mr. Matthew Gourlay

NOTE:  This motion was served on Presenting Counsel and filed with the JPRC 
on May 3rd, 2017.  It is being published here as a public service since the JPRC 
has departed from the traditional oral public hearing format.  Justice must be
seen to be done and it is published in that spirit and purpose. 

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