Bill of Costs filed with JPRC in JP Removal Case: Part 3 - Motion for Particulars and Disclosure

Disclosure motion – fact-gathering – review investigation transcripts – review case law and Procedures Document – draft NOM – amend NOM – draft factum  - Attend hearing June 11^th, 2014 – (10:01 a – 4:36 p) – Attend hearing June 12^th, 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

Counsel:

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

Excerpt of June 11th, 2014 Transcript 

@ p.8:

MR. GUISTE:

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

email: ejguiste@yahoo.com

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).