JUSTICES OF THE PEACE REVIEW
COUNCIL
IN THE MATTER OF a complaint
respecting
JUSTICE OF THE PEACE Errol
Massiah
Justice
of the Peace in the
Central
East Region
NOTICE OF MOTION
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
inquiry.”
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
E.
J. GUISTE
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
JEFFRY HOUSE
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
E Mail mhenein@hhlp.ca
Fax (416) 368-6640
PRESENTING COUNSEL
AND TO:
Justices of the Peace Review Council
M5C 2J3
Ms. Marilyn E. King, Registrar - E mail marilyn.king@ontario.ca
Fax (416) 327-2339
Toronto Star Reporter, Jacque Gallant's
E mail dated May 3rd, 2017
Subject: Toronto Star - Massiah compensation
From: Gallant, Jacquesg (jgallant@thestrar.ca)
To: ejguiste@yahoo.com
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
submission.
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)
Thanks,
Jacques
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.
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,
JEFFRY A. HOUSE
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
Registrar
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,
JEFFRY A. HOUSE
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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