Cornwall Drops Seniors Abba Noise Citation Case After Running Up Legal Bill MARCH 3, 2017

Cornwall Drops Seniors Abba Noise Citation Case After Running Up Legal Bill MARCH 3, 2017

Cornwall Ontario –  The City of Cornwall instructed their high priced Ottawa legal reps at BLG to drop the case against Doug & Rachelle Raymond over the excessive noise citation given to the seniors for playing a Friday night card game in their backyard where they would listen to some 70’s background music.

The city is mum and zipped, refusing to answer who authorized the expenditures to fight for a $130 noise citation that their bylaw inspector didn’t even witness or hear.

Someone at City Hall should be held accountable, not only for the expenditure, but for the abuse of the Raymond’s who were fortunate to have the support of local Power Lawyer Andre Bourgon of Bourgon Law.   A defense for a case like this would normally cost approximately $6,000.00 just to get to trial.  Should seniors have to foot such bills in such dramatically wrongful actions by a municipality with no process to defend themselves other than such a trial?

Yes, they could have appeared before a justice without legal representation but there’s an old adage,

a man who is his own lawyer has a fool for a client

Especially with some of the judges and JP’s in this region.     It highlights a major issue with our justice system.

The entire concept of going to court when one is victimized is to be “made whole”.   In other words, for the injustice to be addressed.

That doesn’t happen often enough.  This writer can share that through my own experience in the courts here where you can actually win and still be left with the stain and loss of the injustice.  I myself am going through a slip and fall after a glass table was left in the entryway in the Morrisburg court house.   The table is no longer there, but after nearly one and a half years of patiently waiting for the court system to roll I just endured not one, but four high priced lawyers suggest it was my own fault so off we go to trial.  More time and expense for a clear case.

The Raymond’s sent in a note to CFN after their case.  Here is the first note we received prior.

My wife & I with our lawyer Andre Bourgon attended a pre-trial today regarding the fine($130) my wife Rachelle received on Aug 2/16 from the City’s by-law officers for excessive noise with our sound system on July 29/16.
As my wife is innocent of the charge our lawyer advised that we go to trial. The City’s lawyer agreed and the trial date is set for March 1, 2017.
This indicates how wasteful the City administration is by spending thousand of dollars of taxpayers money  on legal fees in trying to recoup $130.
I  also hope this is an eye opener for city councillors to react on this issue.
 
Douglas & Rachelle Raymond
And the note after the trial eight months later.
Hi Jamie
 
Yes, the City has withdrawn their charges against us regarding the noise (music) complaint.
 
We received the news from our lawyer Andre Bourgon on Monday Feb 27/17 two days before the trial scheduled for March 1/17.
 
The reason for the City’s decision is that the by-law officer could not be reached on the day of the complaint (July 29/16) and therefore had no evidence. But they still gave us a ticket 3 days later.(August 2/16)
 
We will be attending court with our lawyer on March 1/17 to request compensation for legal costs.
 
We would like to thank our lawyer Andre Bourgon for his excellent service and CFN (Jamie Gilcig) and all the readers who supported us.
 
Enjoy the Music
 
Doug & Rachelle Raymond
We are delighted with the outcome yet we would have wanted an opportunity to defend the charge and have a Judge determine the merits of the charge.
Clearly decisions in the process could have been made to prevent abuse to the Raymond’s and cost to the city.
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While one could blame the by law officer, who appears to not be employed with the city any longer, some decided to push this case whether it be Chris Rogers, Mark Boileau, or ultimately Maureen Adams herself.
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Incidents like this should not happen in our city, but if no one is held accountable at City Hall what are the odds of that happening?
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Spring is coming and the Raymond’s will be able to enjoy their Friday night card games again, but their case should be a warning for all when it comes to government abuse here in Cornwall Ontario.
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What do you think dear CFN viewers?   You can post your comments below.
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