Court File and Parties

CITATION: Massiah v. Justices of the Peace Review Council, 2020 ONSC 4584

COURT FILE NO.: DC 808/18

DATE: 20200728

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Massiah v. Justices of the Peace Review Council

BEFORE: D.L. Corbett J.

COUNSEL: Osborne Barnwell, for the Applicant Massiah Scott Hutchison and Matthew Gourlay, for the respondent JPRC Brent Kettles and Joanna Chen, for the AG Ontario

DATE: July 28, 2020, In Chambers, In Writing

CASE MANAGEMENT ENDORSEMENT

[1] Mr Barnwell writes by email on July 28, 2020, to request a case management conference to request a brief adjournment to put further materials before the court on the issue of anti-black racism which he alleges has permeated this case. In his email, Mr Barnwell states that he did not raise this issue earlier because of a concern that raising this issue, though legitimate, would do his client more harm than good. The recent killing of George Floyd in police custody in the United States of America, and the broad social response in the killing’s aftermath, now lead counsel to consider that he must raise racism issues to fulfill his duty to his client.

[2] Responding parties do not consent to the requested adjournment.

[3] This case has now been pending in Divisional Court for almost two years. It was scheduled to proceed on April 30, 2020. It was rescheduled because of COVID-19, and on June 12, 2020, I directed that the case proceed before a panel on July 31, 2020, three days from now.

[4] I decline to convene a case management conference to consider an adjournment at this late stage. Mr Barnwell may move before the panel to adjourn the case, and my decision to refuse to schedule a case management conference now is without prejudice to such a motion.

[5] A contested adjournment, on such a basis, will require a proper notice of motion and evidence to support the request. If such materials are delivered, they should be served on responding parties as soon as possible. If such a motion is brought, it will be for the panel to decide how best to address it.

[6] This decision is effective from the time an unsigned copy of it is sent to the parties by email by the Divisional Court; a signed copy of the decision will be provided to the parties in due course.

D.L. Corbett J.

Date: July 28, 2020