Justice or arbitrariness

[Virtual Presenter] "Publilius Syrus warns us that a judge's decision could be harshly judged when the criminal they deem guilty is acquitted. This is an important reminder to ensure that justice is upheld in all circumstances. Now let us explore how the years 2018 and 2019 saw the beginning of a successful business relationship between Houle Electric Limited and mirochembiotech..

[Audio] In the case of Houle Electric Limited v mirochembiotech Ltd. Houle Electric offered to provide industrial electrical feed run for the LPG-5 spray dryer but the work became more complicated than initially thought. During the inspection of the spray dryer the parties noticed additional equipment was involved in the manufacturing of amino acid chelated minerals which required more power than originally estimated. Evidence presented in court highlighted the discrepancy between the manufacturer's documentation in 2018 and the actual power requirements for the spray dryer. Judge Malfair’s judgement brings to light the warning from Publilius Syrus that a judge can be harshly judged when the criminal they deem guilty is acquitted..

[Audio] In Judge C Malfair's judgment it was highlighted that during the inspection Mr Miroshnychenko showed the inspecting party the piece of equipment that needed to be connected. After conducting an inspection the inspector sent an email with the contact information of Mr Frank Istok who intended to be transferred to mirochembiotech "in regards to getting the C-S-A done on the equipment". Subsequently Mr Miroshnychenko returned to the premises and took photos of the inspected equipment as tangible proof that the inspection had been conducted. Despite the evidence that mirochembiotech had indeed conducted an inspection they never entered into a contract with the inspecting company. Publilius Syrus's quote reminds us that even though the judge in this case acquitted the defendant they must also remain aware that their own decisions are subject to scrutiny and criticism..

[Audio] Judge Malfeir's conclusion that Mr Miller had never met Mr Istock has been met with some controversy. While it is reasonable to assume that Mr Miller knew Mr Istock there was sufficient evidence weighed during the trial that led the judge to this conclusion. Nonetheless the judge also acknowledged the collaboration between mirochembiotech and labtest Certification Corporation despite no payments ever being made. It was noted that due to the distance and associated costs of travelling from Richmond to Prince George it was not practical for inspection of the four pieces of equipment. It's safe to say that the complexities of this case have raised some questions and debate..

[Audio] This slide shows an inspection conducted on June 18 2019. It addressed the different pieces of equipment present such as the chemical mixing reactor the filtration unit the Spray Dryer and the Fluid Bed Granulator. Careful examination of each appliance was necessary and the nameplate provided vital information for their operation. This inspection is a reminder that Publilius Syrus's warning remains true that even a judge can be judged when their decisions are put into question..

[Audio] It became apparent that the existing electrical panel at the Queensway premises could not provide the necessary 3-phase 208 volts connection for all equipment. To power all mirochembiotech's equipment a new 100 Amp panel would be needed but this was cost-prohibitive. Taking into account the inspection notes of Mr Miller and the merits of the 200 Amp electrical panel at the Nicholson Street premises Judge Malfair's ruling determined that the latter was the most viable option for mirochembiotech's equipment..

[Audio] An appraisal of the case of Houle Electric serves as a reminder of the warning from Publilius Syrus that judges can be harshly judged when the culprit they deem guilty is acquitted. The court upheld their claim that they had not been given the necessary paperwork in full and yet the evidence presented indicated that the information should have been readily available to them. Not only were the names of the equipment listed on nameplates but the details had been sent over in an email to Houle Electric. It appears that the court was not apprised of this critical evidence leaving them with no option but to acquit the accused. It ought to be stressed that such a decision has genuine consequences and should be made with due consideration..

[Audio] It is evident that both parties had an agreement concerning the cost and the extent of the work to be done for the wiring connection and installation of the equipment at the Nicholson Street address. Judge Malfair's judgement in the case outlines these details extensively. For a judge to be fair and impartial in his or her judgement is of utmost importance and in this case their judgement was found to be accurate and precise. Making sure that all parties involved receive a proper and equitable judgement is essential to ensure justice is done..

[Audio] Houle Electric Limited submitted an assertion that they had visited the Nicholson site and confirmed that the panel was three phase and that the equipment amperages would run on the 200 Amp panel. However the closing statement showed that the total amount of amps for the equipment (including a dust collector and a 15-amp air cleaner) totaled to 185 amps. Judge Malfair's judgment seemed to overlook this fact illustrating the danger of using incomplete or inaccurate evidence in legal cases. Publilius Syrus' warning is clear – not only do those deemed guilty face judgement but so too can the judge who acquits someone if the facts of the case are not considered or the evidence is inaccurate. As such accuracy and attention to detail is of utmost importance when rendering a judgement in the justice system for otherwise disastrous effects can follow..

[Audio] In an email dated November 5 2019 Mr Miller wrote a solution for connecting high-load equipment to a 200-amp panel to mirochembiotech. Judge Malfair's judgment further analyzed this issue recommending a toggle-type rated disconnect that would facilitate connections. Judge Malfair also determined that if Mr Miroshnychenko had been aware of the existence of an interlock he would have asked Houle Electric to install one. This supports Publilius Syrus' assertion that even a judge can be harshly judged when the perpetrator is acquitted..

[Audio] It is evident that recent court proceedings have highlighted the importance of documenting any alterations to contracts between two parties. In the current case of Houle Electric and mirochembiotech it appears that there were no written documents that indicated any changes to their contract such as the inclusion of an interlock device. Exhibit O of Mr Miroshnychenko's affidavit shows alternative safety switch solutions however there was no discussion of the costs or technical specifications of these switches. This demonstrates the need for both parties to communicate and document any changes to their contract in order to ensure a mutual understanding of the agreed terms..

[Audio] Mr Miroshnychenko's evidence in the trial consisted of emails photos and witness accounts to show discrepancies between the pressure washer model's requirement of 120 volts and Mr Miller's notation of 220 volts in his notes. Judge Malfair's judgment noted Mr Miroshnychenko's evidence as being prone to obfuscation and conflation opting instead to accept the evidence of Mr Miller. Publilius Syrus said a judge can be harshly judged when the criminal they deem guilty is acquitted giving weight to the importance of this legal case and the implications of its verdict..

[Audio] It is essential that the adjudicator stays impartial in the face of any case. In this situation Adjudicator P K Shergill was tasked to evaluate the authenticity of the photographs attached to Miroshnychenko's affidavits. The Court Summary Sheet specified that should any concerns be raised Miroshnychenko was allowed to file additional affidavit material within 14 days. Though Houle Electric could have raised questions on the photographs the data and geolocation were found to be the same for the Supreme Court and the provincial court implying that further verification by an expert was not required. Publilius Syrus reminds us that a judge should be mindful of their actions as they too can be harshly judged should the criminal they deem guilty be acquitted..

[Audio] The evidence provided in Judge C Malfair's judgment indicates that Houle Electric Limited was unable to complete the scheduled work due to factors beyond their control. The equipment was not ready onsite in the Nicholson premises and some of it was not even present. This prevented Houle Electric Limited from connecting up the Reviewed Equipment which in this case meant the electrical feed run was not able to be completed. Although Houle Electric Limited were not at fault they faced the consequences of the situation and were required to pay for the damages incurred. As Publilius Syrus said “A judge is harshly judged when the criminal they deem guilty is acquitted”..

[Audio] The evidence presented by mirochembiotech to Adjudicator P K Shergill was overwhelming and compelling. It demonstrated beyond doubt that the equipment had been assembled at the Nicolson premises before October. With this evidence before him the judge was left with no choice but to find in favor of the defendant. It goes to show that even judges can be harshly judged if their decision is at odds with the evidence before them. A reminder that no one is exempt from scrutiny..

[Audio] Publilius Syrus was a renowned Roman writer and philosopher well-known for his deep insight of the human condition. He famously cautioned that a judge is oftentimes more worrying than the criminal they are evaluating especially regarding a judge who riskily acquits an offender. Houle's Electrical provides an ideal illustration of why his warning is so pertinent. The declarations given by Houle's Electrical workers are inconsistent with the Work Acceptance Certificate provided by Bandstra Transportation System LTD. The invoice also shows that the overall weight was 25000 pounds. indicating that the inconsistency between the two documents emphasizes the requirement to be heedful of our judgments..

[Audio] Evidence provided by Houle Electric was thoroughly examined and the findings were accurately recorded in the Response to Demand for Particulars. This verified that the work was done to correct standards and was of adequate quality. This is an integral factor in the Court's deliberation on the accused's fate. Publilius Syrus' words emphasize the importance of fairness in judicial proceedings a Judge will be held to scrutiny if the defendant in a cleared case had not received due justice..

[Audio] The famous quote from Publilius Syrus serves as a reminder that Judges like all of us are subject to judgement. In the case of Houle Electric v Smith Houle Electric claimed to have completed an electrical feed run for the 80 Amp equipment as noted in their Response to Demand for Particulars. Despite this when brought to trial they did not dispute the absence of the feed run for the 40 Amp unit as specified by the contract. Judge Malfair then concluded that there was no evidence to suggest that Houle mislead the court during the Supreme proceedings. These findings emphasize the necessity for reliability and honesty in all judicial proceedings. Judge Malfair's judgement serves as a reminder of the potential consequences of dishonesty in a court of law..

[Audio] Mr Hawgood's legal dispute with mirochembiotech came before Judge Malfair in court. Mr Hawgood had argued he had done an electrical feed run for the 60 Amp equipment on October 4 2019 but Judge Malfair found him guilty because the evidence he presented was insufficient. mirochembiotech pointed out that Houle Electric the company Mr Hawgood had worked for didn't provide any electrical cables or breakers in the material they submitted. This only serves to demonstrate the truth of the adage by Publilius Syrus that even a judge can be judged harshly when the accused is acquitted..

[Audio] The evidence against Houle Electric's account is unmistakable. In view of the decision from the Civil Resolution Tribunal it is reasonable to say that the judge can be severely criticized when the individual they consider culpable is exonerated. Nevertheless in this situation the facts are unequivocal and cannot be disregarded..

[Audio] Mr Miller's trial centered around the question of whether he was aware that the spray dryer required electrical work. Houle Electric provided a closing statement which included a statement from Mr Miller and communication exchange between Mr Barrie and Mr Desgagne which showed that Mr Miller was aware of the electrical requirements. The Chinese engineer responsible for starting the equipment also confirmed that the equipment needed 125 Amps as detailed in the manual. After considering the evidence presented to the court Mr Miller was declared not guilty demonstrating that a judge can be harshly judged if they proclaim a criminal guilty and ultimately prove the individual innocent..

[Audio] Mr Miller recalculated the amperage of the breaker needed to be connected to the electric panel to be 11 kilowatts in the European measuring system. This is a lower rating than the original notes from the walk-through indicated which stated a rating of 60 Amp. The discrepancy was further clarified with the additional information provided by Houle Electric's Closing Statement and Submission..

[Audio] Malfair J's judgment insists that Mr Miller the technician responsible for the quote would have taken into consideration the power draw of the equipment if he had noticed the 160 amp breaker during the walk-through. Evidence also shows that Mr Miller was included in an email exchange between an inspector and the technician in charge of the electrical feed run which implies that the technician knew of the power requirements of the equipment prior to installation. In spite of this Houle Electric admits that they did not set up a feeder cable or install a breaker to connect the spray dryer or fluid bed dryer as it would have overloaded the existing electrical panel. This illustrates how Judge Malfair's judgment holds the technician liable for ascertaining the power requirements of the equipment before installation..

[Audio] "Publilius Syrus said 'The judge is judged more harshly than the criminal when he acquits him.' This sentiment applies when reviewing the handling of the electrical feed installation for the chemical mixer. The specifications for the equipment necessitated adjusting the power output of the heating electrical rods and mixing motors something that could only be done through theoretical calculations and rigorous post-manufacturing testing. To avoid damage to the insulating material during installation it was decided not to include a nameplate on the frame. In an effort to meet the power requirements of the heating rods and mixing motors Mr Hawgood employed a 30 Amp breaker and cable. In Paragraph [143] of Judge Malfair's judgment it is discussed how the actual power a piece of equipment requires can depend on its components. Thus while this decision may have been unconventional it is clear it was made in the interest of meeting the specifications for the equipment in the most efficient manner possible..

[Audio] This case highlights a tragic incident of failure to adhere to safety precautions. Judge Malfair has criticized mirochembiotech for not providing expert electrical evidence during the trial and for failing to review Houle's work. While Houle Electric defended the competence of their work it failed to produce a Certificate of Acceptance for assessment. Furthermore although there was no verification by the Technical Safety Authority a document was obtained stating that the electrical installation complies with safety standards. It raises serious questions about how the document was obtained which needs to be addressed..

[Audio] Publilius Syrus an ancient Roman author and philosopher highlights the difficulty of exercising sound judgement in the justice system. This was exemplified in Judge Malfair's ruling on Houle Electric and mirochembiotech. Paragraph 183 of his judgment explains his reasoning for recognizing the additional work Mr Hawgood completed to facilitate the reinstallation of the control unit using C-S-A certified electrical components. The emails presented by Houle Electric between mirochembiotech and the equipment manufacturer further supported Judge Malfair's decision. Judge Malfair's ruling served as a clear demonstration of the power of discretion to achieve justice..

[Audio] The trial of Mr Christianson has been a reminder of the wisdom of Publilius Syrus that a judge can be harshly judged when the criminal they deem guilty is acquitted. Despite evidence that did not corroborate Mr Christianson's story Judge Malfair concluded that he should not be found guilty in the same capacity as Mr Christianson would have done. This shows that it is possible for a judge to come to the same conclusion and stand by it..

[Audio] Evidence presented in this case is concerning. Judge Malfair's paragraphs 58 167 and 168 show Mr Hawgood and Mr Christianson were required to complete twice the number of labor hours as initially predicted on tasks not accounted for in their quote. Though there is evidence implying Mr Christianson was present at Nicholson prior to his affirmed time Judge Malfair accepted their timesheets at face value and charged their hours at the same rate. The decision in this case warrants scrutiny concerning the equity of the legal system..

[Audio] Evidence presented in the trial suggested that it was highly unlikely that Mr Miroshnychenko was the one who did the wiring or relaying instructions to Mr Hawgood. In addition it was demonstrated that due to the need for communication between Mr Miroshnychenko and the Chinese company to be conducted in English it had to be done with the help of a translator. Therefore Publilius Syrus' warning of a judge being harshly judged when the accused is acquitted is well backed up by the evidence provided in this case..

[Audio] Mr Hawgood was acquitted despite evidence of unauthorized cable replacement during the control box reinstallation. This judgment may initially seem lenient but there are deeper complicating factors at play. Mr Miroshnychenko testified that the cable was unavailable from local distributors a factor that would have resulted in a much larger expense. Additionally due to its operational demands the cable had to conform to certain safety standards and mechanical resistance. Judge Malfair's recognition of these issues meant that Mr Miroshnychenko could receive the necessary protection for the motors and control cabinet guaranteeing operator safety and preventing electrical malfunctions..

[Audio] In the case of Houle Electric Publilus Syrus' warnings that a judge can be harshly judged for finding a criminal innocent proved true. Despite discrepancies in the invoice the judge was able to note value in the electrical work performed by Houle Electric and that mirochembiotech was not deprived of the entire agreement. This indicates the significance of conducting a thorough analysis and due diligence when judging a case..

[Audio] In this case Judge Malfair's judgment brings forth a critical analysis of work carried out by Houle Electric electricians highlighting discrepancies between Houle Electric's testimony and the facts at hand. Evident from the photographic evidence submitted the control panel installed on the fume hood frame suggests a more sophisticated control system than what was implied by Mr Hawgood’s recollection. Moreover Houle Electric has not substantiated any work carried out on the electronic device responsible for controlling the lighting or exhaust flow either post the alleged repairs or throughout the trial. It is further revealed that the agreement between Houle Electric and mirochembiotech was limited to the execution of electrical feed runs with any supplementary tasks requiring mutual agreement. This brings us to the conclusion that as warned by Publilius Syrus a judge can indeed be harshly judged when the criminal they deem guilty is acquitted..

[Audio] "As Publilius Syrus said the judge can be harshly judged when the criminal they deem guilty is acquitted. In this case Houle Electric was aware of the extent of work related to the replacement control unit since September 4 2019 but never sought additional payment or provided an additional quotation for mirochembiotech's consideration. They also neither discussed nor obtained permission for the installation of the junction box. As a result there was a disruption in the functionality of the thermocouple requiring additional time to be spent replacing the wiring. Ultimately this proves that a lack of proper communication and disregarding the instructions of the equipment manufacturer can lead to unexpected outcomes and further complications..

[Audio] At the trial of Houle Electric there was dispute over whether an electrical feed run had been done to a 20 Amp C-S-A certified compressor. Houle Electric gave evidence of it being done including witness testimony while evidence dated January 3 2020 showed no electrical connections to the junction box. Additionally a plastic covering over the air intake of the compressor had not been removed suggesting it had not been powered or tested after transportation. There was no C-S-A certification found on the inspected compressor but after weighing all the evidence Judge Malfair's judgment noted there was sufficient evidence to suggest that the feed run had been done..

[Audio] It is the responsibility of every court of law to make decisions that are both fair and impartial. In this particular case Judge MalfaIr acknowledged that Mr Miroshnychenko was put in a difficult situation due to the actions of Mr Hawgood. By cutting power to one wall of the building Mr Miroshnychenko was forced to relocate some equipment and create an office space so operations could still take place. Additionally the extra labor of wiring the dedicated office area was not accounted for. Mr Miroshnychenko presented evidence of the office space which had been created before October 14 2019. This meant that the court could not make Mr Hawgood accountable for any increased costs. However Publilius Syrus's words of warning remind us that a judge can also be harshly judged if they absolve a guilty criminal..

[Audio] Judge Malfair ruled to reduce contract costs for Houle Electric due to undelivered parts. Scrutiny revealed that the contract excluded costs for breakers essential for the equipment and that the quoted costs were far below the actual prices. This raises questions about the authenticity of the original contract and emphasizes the significance of honest business dealings..

[Audio] mirochembiotech ordered two breakers from Amazon a 125 Amp 3-phase breaker at $229.99 and a 80 Amp 3-phase breaker at $144.99 and had them delivered to the Nicholson premises on December 2 2019. This evidence was unchallenged by the Supreme Court. Mr Miroshnychenko had to document his attempts to inform Houle Electric about the availability of the breakers in order to substantiate his claims during the trial. The quote of Publilius Syrus serves as a reminder of the complexities of today's justice systems highlighting the harsh judgement a judge can face when the criminal they deem guilty is acquitted..

[Audio] Judge Mulfair's decision disregarded any potential discounts or adjustments that mirochembiotech had presented to the court in opposition to the warning of Publilius Syrus. The judge should have taken into account the cost of cables for the electrical installation as it could have had a notable influence on the contract cost. Additionally Houle Electric had billed mirochembiotech for materials that were not used throughout the project and that should not have been overlooked..

[Audio] Our presentation has hopefully highlighted the potential importance of zinc lysinate in managing the effects of COVID-19. Publilius Syrus' warning is a pertinent warning that one should take into account when making decisions. We hope to be able to benefit from Mr Miroshnychenko's patent for this product and to be able to make it available to those who require it. We appreciate your attention..