Frank wishes Ontario Superior Court Justice Frank Newbould a speedy vindication from the Canadian Judicial Council, even against the rather tight deadline of his impending June 1 retirement from the bench.
Frank (no relation), team leader of the Commercial List, finds himself once again facing a disciplinary spanking, potentially including his defenestration, for an extraordinary intervention against the Saugeen First Nation’s land claim at Sauble Beach, where Hizzoner just happens to own a cottage.
In a 2014 letter to the mayor and council of South Bruce Penninsula, the learned justice and concerned seasonal resident, despite difficulties in getting calls returned from government lawyers on the case, outlined legal strategies for fighting off our aboriginal brothers and sisters and offered dire warnings of expanded beachside cigarette sales, casinos and admission fees should the Saugeen prevail.
The CJC dismissed an initial complaint about Justice Newbould’s lakeside kibitzing in 2015, and by the time his case gets heard this time, he’ll likely already have long curled up at the cottage on his $205,000 retirement annuity from a grateful public.
Da Judge’s backseat litigating brings to mind the cautionary example of Superior Court Justice Ted Matlow, who was dinged for misconduct and intemperate language and nearly walked the plank himself back for similar NIMBY exertions against a condo development near his Forest Hill cul de sac in 2008.
But Judge Newbould has always been serious about his leisure pursuits, whether at the century-old family cottage or at his beloved Rosedale Golf Club (handicap: 4.9), where he has served as president.
It fell to poor Frank some years back to defend the venerable club’s honour against scurrilous allegations of anti-semitism leveled by the club’s former GM, Michael Geluch, in a wrongful dismissal suit.
The club maintained Geluch had harassed staff. He insisted his ouster had more to do with a disagreement over the admission of Red Sea pedestrians to the WASP enclave.
When McDonald’s Canada beef clown George Cohon initially applied for membership in 1996, he withdrew in the face of a blackballing.
“Members felt that should Mr. Cohon become a member, it would open the floodgates to more Jewish members,” Geluch claimed Newbould had told him, and furthermore, Cohon was “was loud, aggressive and not a good golfer.”
“It was known that Mr. Cohon was Jewish. There is no doubt it was discussed at the board meeting,” Newbould testified in 2004, and while he admitted he’d heard some regrettable remarks from other members, he denied the Rosedale had any formal No-Jews-is-Good-Jews policy.
In the event, Gelauch scored a quarter-mil in his wrongful dismissal suit, and Cohon was approved for membership in 1997 anyway, following certain, er, adjustments to the club’s bylaws.
Trebles all ’round!