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Winnipeg Board of Jewish Education awarded judgment in lawsuit brought against parents of former Gray Academy students – but costs likely to be limited only to $100

By BERNIE BELLAN

A story about which we have been reporting since December 2018 has been the lawsuit brought by the Winnipeg Board of Jewish Education against Ido and Rochelle Raam for unpaid tuition relating to the 2017-18 school year.
In a judgment delivered by Justice Shawn Greenberg on December 17, 2019, Justice Greenberg found in favour of the plaintiff (the WBJE) in the amount of “$7,450 plus pre-judgment interest and post-judgment interest at the agreed rate.”

 

 

 

 

The lawsuit attracted considerable interest for a number of reasons: It is only the second time in its history that the WBJE has gone so far as to sue anyone for unpaid tuition; the lawsuit was filed in Court of Queen’s Bench rather than Small Claims Court – which is the usual venue for lawsuits claiming less than $10,000.
In a 20–page decision Justice Greenberg repeatedly indicated that she accepted evidence given on behalf of the WBJE that the Raams were in default of tuition payments owed for three children who had been attending Gray Academy in the 2017-18 school year.
Justice Greenberg wrote: “In my view, the evidence is clear. The Raams were provided bursary assistance that decreased the tuition payable for their three children to $14,950. Their request for further financial assistance was not considered because they did not provide the financial disclosure necessary to support their application. To date, the Raams have only paid $7,500 towards tuition leaving $7,450 payable.”

However, Justice Greenberg went on to suggest that the costs that will be awarded to the WBJE will only amount to $100. She noted that “Plaintiff’s counsel indicates that, although the plaintiff’s full legal costs to date are $12,000, it is only seeking costs of $10,000.” Yet, Justice Greenberg added, “the costs sought must be reasonable. A plaintiff cannot…seek re-imbursement for a costly procedure when a less expensive procedure would suffice” (emphasis mine).
“Plaintiff’s counsel argued that the legal costs to her client would be the same whether this matter proceeded in this court or Small Claims Court. I find it hard to believe that she would have billed the plaintiff $12,000 for a small claims hearing. But, in any event, the issue in assessing costs is not what is reasonable for the lawyer to bill the plaintiff, but what is reasonable for the defendant to pay.”
Justice Greenberg noted at the end of her judgment, however, that she will defer final “consideration of the costs issue” until the lawyer for the plaintiff (Alyssa Mariani) has an opportunity to make an argument that she is entitled to higher costs because the defendants were given the opportunity to settle the lawsuit.
As it is, the WBJE may end up paying more in legal costs than it would stand to recoup from the actual judgment.
As we noted in a story published in July 2019, the original statement of claim filed by the Winnipeg Board of Jewish Education back in 2018 against the Raams was for $9,383.93 (which included interest accrued to that point). As we noted in our Dec. 26 issue, we wondered why that statement of claim had been filed in Court of Queen’s Bench rather than Small Claims Court (which can deal with claims up to $10,000). We sent an email in December 2018 to David Borzykowski who, at the time, was Director of Marketing & Communications for Gray Academy, asking that question. The response we received was: “As this matter is private, we have no comment, and we will have no further comment.”
Subsequently, however, as we noted in that July 2019 issue, on March 5, 2019 a new statement of claim was filed by the WBJE against the Raams, this time for $11,307.78. At the time that the new statement of claim was filed, we sent an email to Borzykowski, asking why the amount being sought in March was so much higher that what was being sought in the statement of claim filed in December. (It couldn’t have been because of further interest accumulated since the rate of interest for unpaid tuition was set at 1.5% per month.)
We further asked whether there was any limit as to how much the WBJE was prepared to spend in contesting this lawsuit. No response was received.
We contacted Ido Raam to see whether he will appeal the court’s decision. Ido says he is considering it, but he feels sorry for Gray Academy and how much they’ve spent on legal fees already.

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2024 Sol and Florence Kanee Lecture with Mike Fegelman of Honest Reporting

The Jewish Heritage Centre of Western Canada is pleased to announce that our 2024 Sol and Florence Kanee Lecturer will be Mike Fegelman, Executive Director and Editor-in-Chief of Honest Reporting Canada. The lecture will be held at 7 pm on Sunday, April 7, 2024 at Adas-Yeshurun Herzlia Synagogue.

Our speaker, Mike Fegelman, is a seventeen-year veteran of the Canadian journalism industry, Mike is the Editor-in-Chief of HRC and is responsible for the day to day running of the organization, its financial management and project development. Mike’s focus is on delivering efficiency and professionalism as HRC moves into new technological and geographical spheres that include the expansion of Honest Reporting’s  media monitoring services to French Canada with the launch of a Montreal office.

Mike was a former editor-in-chief, reporter, and anchor of various news programs and publications. A graduate of Carleton University’s renowned journalism program, Mike specialized in broadcasting and international reporting. Mike brings a marketing savvy to HRC having been a project manager for the market research firm Canmark Technologies for over six years.

Mike has testified before parliamentary committees and has given testimony to the Standing Senate Committee for Transport and Communications to express HRC’s concerns about the CBC’s reporting of Israel and the Middle East. Mike’s opinions and views are widely sought out for by Canada’s media and political elite. Mike’s work has been published in the Globe and Mail, Toronto Star, National Post, La Presse, Montreal Gazette, Ottawa Citizen and many more. Mike is a columnist for Huffington Post Canada and the Times of Israel.

In 2013, Shalom Life listed Mike as one of their Top 20 Under 40 due to his dedication and significant contributions to Israel advocacy. Mike is also the immediate past President of the Village Shul and Aish Hatorah Learning Centre.

The annual Sol and Florence Kanee Distinguished Lecture is the Jewish Heritage Centre’s only fundraising event. Tickets are $50 and are available at Eventbrite.ca

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Kadima Dance Company receives rave reviews for Edmonton performance earlier this month

Kadima Dance Troupe Top (L-R): Arielle Block, Jason Cohen, Michael Petrov, Matthew Slusky, Jillian Daien, Valentyna Kabris, Dana Segal Bottom (L-R): Erin Schwartz, Hadera Short, Rinat Mirkin, Emily Kalo, Rotem Keynan, Jenna Senensky

By BERNIE BELLAN Hadera Short has been dancing since the age of three. In an April 2022 story we wrote that Hadera told “The Jewish Post & News that she ‘started doing Israeli dance when I was six. I joined Chai when I was 16.’

“In 2014, at the age of 21, Hadera said, she ‘was accepted into the Jerusalem Academy of Music for a one-year intensive program, where,’ she adds, she ‘studied ballet, contemporary and Gaga styles of dance.’

“Upon returning to Winnipeg, Hadera rejoined Chai, becoming its dance director in 2016. In 2017, after eight years performing with Chai, she retired from the group.

“After a two-year hiatus from dance, however, Hadera said she realized how much she missed performing in front of a live audience. As a result, she had the idea of forming her own dance company.

“Hadera actually began choreographing in her mother’s living room. After sharing the idea of starting a new dance company with other dancers and discussing the concept of forming a new Israeli dance group, Hadera realized the potential success that this group could hold and Kadima Dance Company was born. Kadima, meaning ‘forward’ in Hebrew, had its first rehearsal at Kazka Dance Collective studio on December 1, 2019.

“Asked why she wanted to start her own Israeli dance company, Hadera explained that ‘I started Kadima because I wanted to create a new space for adult dancers who are passionate about Israeli dance and wanted the freedom to express themselves creatively. I encourage the dancers to select their own music to choreograph to, or come to me with potential performance ideas and opportunities. I want to show off everyone’s full potential as dancers, performers and choreographers. One of my primary goals for Kadima is encouraging a balance between professionalism, creativity and fun. Our rehearsals and our relationships outside of the studio are a reflection of just that.’

Kadima in performance at the Westbury Theatre in Edmonton

Just recently Hadera contacted us to inform about Kadima’s most recent experience, when members of the group travelled to Edmonton to perform in an Israeli dance festival, known as Festival Hatzafon, which was mounted by the Aviv Israeli Folk Dance Association (AIFDA) on the occasion of AIFDA’s 18th year anniversary.  According to Hadera, “AIFDA was formed in 2006 by choreographer and artistic director Sari Uretsky.”

The festival, held in the Westbury Theatre in Edmonton,featured Kadima alongside other Israeli dancers and other cultural groups from across Canada in what Hadera said was a “sold out show.”

Currently Kadima has 20 dancers in the troupe, of whom 13 went to Edmonton.

Sari Uretsky (left) with Hadera Short

Their performance elicited this reaction from Sari Uretsky: “You should be so proud!!! You guys are a strong, cohesive group in such a short time! And you’ve already accomplished so much! It was an honour to have you and your company! You are all gorgeous dancers and added so much to our festival! We cannot wait to collaborate with you in the future!”

In addition to having just performed in Edmonton, Kadima also performed in Vancouver last year in what is known as “Festival Harikud.”

Upcoming, according to Hadera, Kadima will also be performing at “MTYP April 4 for the Robyn Braha School of Dance show, and May 14 at the Rady JCC for the 3rd year in a row for Yom Ha’atzmaut.”

In the email Hadera sent to us informing about Kadima’s performing in Edmonton, she added this at the end: Follow Kadima on social media: Instagram @kadimadanceco and Facebook Kadima Dance Company, or email kadimadance@gmail.com for more information or if interested in auditioning. 

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Irwin Isenstein has made a name for himself in two different types of “court”

By GERRY POSNER The name Isenstein is one familiar to many Winnipeggers, particularly for those who remember the late Sheppy and Hannah Isenstein . Sheppy Isenstein was a pharmacist and the owner of McCullough Drugs in St. Boniface. Hannah was a proud member of the Rosh Pina Choir for many years. The Isenstein s, along with older son Norman and younger son Irwin, lived for many years on Forest Park Drive in Garden City.

Irwin Isenstein has become accomplished in two “courts.” The first court relates to his career in criminal law. He is what might be called the “go to guy” for driving offences. I don’t suggest you commit those kinds of offences, but if you do, just know that Irwin has made a real mark in the area, assisting accused people mainly in Ontario, but also in Saskatchewan, Nova Scotia, Alberta, as well as Manitoba.

How did this happen? A graduate of Talmud Torah and Joseph Wolinsky Collegiate, Isenstein earned a B.A. in Economics from the University of Manitoba in 1978 before earning an LL.B. three years later from that university’s law school. After law school, he received his “real education” at two well known Winnipeg law firms – first with the late Alvin and Martin Corne, and then with Wilder and Wilder, as in Joe and the late Sam. For a variety of reasons, Isenstein felt the pull of the larger city of Toronto and, in 1986, he was called to the Bar in Ontario. After a stint with a firm in Toronto, Isenstein started his own law firm where, 42 years later, he continues to practice as a sole practitioner in criminal law, specializing in motor vehicle infractions, many of which can have serious repercussions, such as losing one’s driver’s license, job or worse.

In addition to his large practice, Isenstein has been active within the profession. He has chaired or co-chaired the annual Law Society Continuing Legal Education program on Impaired Driving for over 10 years. This particular program has been so successful that in his last year of chairing the program, the attendance was over 450 members of the legal profession. Moreover, Isenstein was invited to be the guest speaker on several occasions at the Continuing Legal Education program for judges of the Ontario Court of Justice. In addition, Irwin has been a legal commentator on several television networks, and a regular contributor in print media, both as counsel and commentator. In short, he has a reputation as a big player in this important area of criminal law. As an aside, I am not a big fan of ratings for professionals on the internet, but I was impressed by the glowing tributes to Isenstein from many individuals whom Irwin had assisted over a period of years…Quite remarkable.

Now, as often as Irwin appears in the law courts with great success, he has also distinguished himself in another court – the tennis court. In 1976, Isenstein represented North Winnipeg in tennis in the Manitoba Summer Games, which were held in Neepawa that year. He also represented Canada in the Masters Tennis competition at the Maccabi Games in Israel in 2022. The opening ceremony was held in Jerusalem in front of 30,000 spectators, including US President Biden. All told, Isenstein has been a prominent player in tennis for over 50 years.

Isenstein has also been blessed with two daughters. His older daughter Sari received a Ph.D in Clinical Psychology from the University of Toronto and has started to practice in that field. His younger daughter Michelle graduated from Osgoode Hall Law School with a JD. She is now an associate with an established law firm on Bay Street in Toronto. This is Nachas with a capital N. Irwin has also been involved in a long term relationship with Debbie Lindsay, a pharmacist, something that made his parents, especially his father, very happy. 

The Irwin Isenstein story is a familiar one to people from Winnipeg, especially from the North End of the City – “Winnipeg boy” makes good in Toronto. Only this time on two counts and courts.  

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