An Ontario judge has been rebuked by a higher court for trying to force a Jewish complainant in a civil suit to waive the right of appeal in return for being granted an adjournment over the Yom Kippur holiday. Justice Samuel Grange, of the Division Court, ruled that it was “quite improper” for County Judge William Dubrule to have acted as he did.
The case involves a suit brought by Peter Kersen, a Jewish businessman, against the Steel Co. of Canada and the Dodge Construction Co. of Ontario for $44,000 he claimed is owed his company, Benoit & Kersen Ltd. of Quebec., When Kersen asked for an adjournment to observe Yom Kippur, Dubrule ordered him to pay a $3000 penalty and waive his right of appeal. Kersen agreed to the penalty but refused to give the waiver. He was absent from court on Yom Kippur, whereupon the judge dismissed the case and ordered Kersen to pay $7800 in costs.
In delivering the Division Court’s ruling. Grange said “It would not appear to us to be the proper exercise of judicial discretion” to have ordered Kersen to waive his appeal rights. The Division Court ordered a re-trial before a different judge.
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