About a year and a half ago I wrote a post about a plaintiff, Mr. Mehedi, who believed that he was scammed. The facts of the case are summarized in my prior post.
Mr. Mehedi lost at trial and then the Court of Appeal dismissed his appeal. About a month after his appeal was dismissed, Mr. Mehedi saw a segment on CBC’s Marketplace which purportedly exposed the scam to which he had fallen victim.
Mr. Mehedi attempted to have his trial re-opened so that he could use the CBC Marketplace segment as fresh evidence. He was directed by the Court of Appeal to make the request to re-open his case to a Superior Court judge. In providing that direction, the Court of Appeal judge appeared to signal that the request had some merit, noting that the video tape “provides considerable support for Mr. Mehedi’s position.”
So off to Superior Court Mr. Mehedi went, likely full of optimism after hearing encouraging words from the Court of Appeal. Unfortunately, the Superior Court judge who heard his motion denied Mr. Mehedi’s request to re-open his case. The judge stated that he did not believe that the fresh evidence “would reasonably affect the outcome.”
But all was not lost for Mr. Mehedi. Back he went to the Court of Appeal to challenge the Superior Court’s refusal to re-open his case.
A wise decision indeed.
A panel of three Court of Appeal judges overturned the motion judge and allowed the trial to be re-opened so that the fresh evidence can be put before the trial judge. The Court of Appeal also set aside all of the existing cost awards made against Mr. Mehedi and awarded him $2,000 for the costs of the most recent appeal.
So now, approximately 5 years after his case was dismissed at trial, Mr. Mehedi will go back to court, new evidence in hand.