Judge blocks man’s bid to clear name
Andrew Curnew blames lawyer’s negligence on ‘unjust’ convictions
A judge has sent the legal battle of Bridle Path businessman Andrew Curnew on a detour to the federal minister of justice.
Curnew is attempting to proceed with a civil suit against criminal lawyer Arun Maini, over the way Maini represented Curnew in the 2000s. He is seeking $3 million in damages. Maini disputes Curnew’s allegations that he acted negligently, and argues the lawsuit is frivolous and vexatious and should be tossed out.
This week, at what was supposed to be the start of a 10-day trial, Superior Court Justice Grant Dow stayed Curnew’s action, pending a successful review of the 13 criminal convictions.
Curnew received the convictions when he was represented by Maini, and which were upheld by the Court of Appeal in 2010.
To proceed with the civil trial, and in order for the self-represented Curnew to be successful, Dow said he would have to make findings that are in a “direct conflict” with decisions by the trial judge, in 2007, and Court of Appeal.
“I’m not prepared to proceed down that path, particularly when Mr. Curnew has an alternative,” the judge said, referring to a section in the Criminal Code that gives the minister of justice the power to review a criminal conviction to determine whether there has been a miscarriage of justice.
In his written materials filed in court, Curnew had asked the judge to stay the proceedings to permit him to pursue that avenue, but only “as a last resort.” He argued the trial should go ahead.
Based on Curnew’s “extensive submissions” on why and how he was wrongfully convicted, which included additional evidence not available to the appeal court in 2010, Dow said that the flamboyant entrepreneur “could be successful” in an application to federal Justice Minister Jody Wilson-Raybould.
The process can take months or years to complete. The additional evidence included a sworn videotaped statement from a police informant who admitted stashing guns at Curnew’s home. Maini’s lawyers, Keith Geurts and Kyle Magee, objected to the evidence, saying they had not been invited to cross-examine the man.
They had asked the judge to dismiss the lawsuit after filing a last-minute abuse of process motion arguing Curnew was attempting to relitigate what had already been decided by the courts in 2005, and at the appeal. Over the course of this week’s twoday hearing, Dow listened patiently as Curnew argued his case, which included citing case law to demonstrate why the abuse of process motion should fail.
While Geurts and Magee, wore traditional lawyer gowns, Curnew, 38, made his legal arguments decked out in dark designer suits with colourful pocket squares, ties and handmade Italian shoes.
An outsized Hublot Big Bang watch was wrapped around his wrist and in his ears were two tiny gold hoops. Despite his appearance, Curnew was subdued as he made his submissions. He was occasionally overcome with emotion.
“Andy believed Mr. Maini was somebody he could look up to and who he could trust,” Curnew said, reading from his wife’s affidavit. “Andy has advised me over the last 10 years that we have been together that Mr. Maini broke his heart,” Curnew said, his voice breaking.
Curnew was in his early 20s, and broke, when he hired Maini, whose services were paid for by legal aid.
Toronto criminal lawyer Greg Lafontaine, Curnew’s legal adviser, said another possible avenue for his friend will be to seek to reopen the appeal “on the basis of the considerable body of new and compelling evidence that has been uncovered since the appeal was heard.”