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HSH is very pleased to announce that Renée Vinett has been invited to the Partnership! To learn more about Renée, click here. .
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Order Striking Jury on Basis of Potential Racism Appealed to Court of Appeal Kayhan v. Greve, [2008] O.J. 2699 (Div. Crt.) At the commencement of Trial in January of 2007, David Levy was successful in striking the Defendant’s Jury Notice on grounds that the Plaintiff, a Muslim-Canadian woman of Afghani descent, would not receive a fair trial from a Jury in Hamilton. Mr. Levy argued that the current political climate would deprive the Plaintiff of a fair Trial. Justice Borkovich exercised his discretion and struck the Jury, relying partly on Abou-Marie v. Baskey, the first decision to strike a civil jury based on race, successfully argued by Michael Henry of Howie, Sacks & Henry. In so doing, His Honour took judicial notice that there was "a strong risk, a reasonable apprehension" that there could be bias on the part of the Jury when there is no opportunity to challenge jurors for cause in a civil action. The Divisional Court overturned the decision. The Court held that Justice Borkovich could not take judicial notice of racism and that there was no evidence of a “behavioural link between the existence of a lack of impartiality and the inability to set those biases aside”. In obiter, Justices Cunningham and Stayshyn acknowledged that there is no procedure in Ontario for challenges for cause in civil actions. While they did not believe it was the time for the Civil Rules Committee and the Legislature to give consideration to this issue, they acknowledged that others might. Justice Kitely disagreed with her colleagues and specifically called for a legislative response on the issue of challenges for cause in civil cases. The Plaintiff has appealed the decision of the Divisional Court to the Court of Appeal for Ontario.
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In December, HSH hosted their 4th Annual Winter Wonderland Party for members of the rehab community. For more about this event, click here
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