CBC Marketplace gets man new shot at lawsuit against job-promising agency
Man says companys promised to find him job paying $70K a year in exchange for $3,700
In what the Appeal Court called "most unusual" circumstances, the justices said a lower court was wrong to deny Golam Mehedi a chance to reopen his case given the post-trial broadcast.
Mehedi had claimed that Toronto-based Job Success -- run by M.A. Hameed, Wendell Lacombe and owner Dale Smith -- had promised to find him a job paying $70,000 a year within two months, in exchange for a $3,700 fee.
Job expectations 'unreasonable'
In June 2011, the trial judge threw his case out, saying no one had made any promises to Mehedi. The judge said he found Hameed and Lacombe had been credible witnesses and called Mehedi's job expectations "unrealistic and unreasonable."
A month later, however, CBC's "Marketplace" broadcast an episode called "Recruitment Rip-off" that cast doubt on the trial evidence Hameed and Lacombe had given.
The program used hidden cameras in an effort to show how a recruitment agency known as Toronto Pathways was exploiting the unemployed -- mainly new immigrants -- by promising to find them good jobs in exchange for fees, according to court records.
In one scene, a "Marketplace" staffer asks Lacombe if he is providing a job-finding guarantee to which he responds, "Absolutely. And we are very good at it." In another segment, Smith acknowledges Toronto Pathways and Job Success are the same business.
Mehedi asked to reopen his lawsuit so he could enter the new material as fresh evidence, arguing the defendants were "slick liars who perjured themselves at trial," according to court records.
The Appeal Court ordered the trial judge to take another look at the case, decide on whether to admit the fresh evidence, and if so, whether it would lead to a different outcome.