The Law Society of Ontario Tribunal Appeal Division has allowed an appeal and found that a disbarred attorney established present good character

Mr. Zoraik represented the plaintiff in Stanton v. Miller, a Victoria jury trial for damages arising from a motor vehicle accident. On April 29, 2009, after 20 minutes’ deliberation, the jury found against Mr. Zoraik’s client. He initiated a motion to set that verdict aside.

On May 6, 2009, an envelope addressed to the “Supreme Court Sherrif [sic]” was left on the counter of the Victoria Court Registry. it contained a letter purportedly from an unnamed juror’s husband alleging jury tampering in what only could have been Stanton v. Miller.

A police investigation was initiated. On June 18, Mr. Zoraik was interviewed. He denied any knowledge of the letter stating, “I would never do anything like that.” He subsequently brought an application for production of a copy of the police file, ostensibly for his motion to set aside the jury verdict.

Police Obtained video images from the courthouse for May 6. They showed Mr. Zoraik approaching the Registry counter and then leaving. An envelope “appeared” on the counter. It contained the letter in question. A fingerprint from Mr. Zoraik was found on the back of that envelope.

Charges ensued

 Mr. Zoraik plead not guilty and a 13-day criminal trial took place. On June 14, 2010, Justice A.F. Brooks ruled that Mr. Zoraik had authored and delivered the letter to the Court Registry. He was found guilty on all three counts: R. v. Zoraik, 2010 BCPC 472 (CanLII).

The conviction was affirmed on appeal and disbarment followed.

He has also secured a pardon. (Mike Frisch)