Seinfeld Saves the Day

Seinfeld Saves the Day

[1]          In a recent case, R. v. Burgess 2020 ABQB 50, Mr. Burgess was late for his trial regarding some bylaw infractions. He had mixed up the start time of his trial believing it to be at 130pm. In fact it was scheduled for 9 am.

[2]         The trial judge refused to cancel “set aside” the convictions that had been entered due to his being late. He appealed that decision.

[3]          The appeal judge noted that Mr. Burgess had actually showed up for his trial on time eight months earlier but that trial date had to be rescheduled because the court ran out of time. He cited a Seinfeld episode in support of his conclusion, that in these unique circumstances, it would be unfair not to allow the appeal and Mr. Burgess his day in court.  At para 22 of the decision the appeal judge states:

         In Seinfeld Episode 17, Season 6, called The Kiss Hello, George Costanza fails to give 24 hours notice of cancellation of a physiotherapy appointment, and the therapist charges him a $75 penalty. When she later, without notice,                 cancels an appointment George had booked, the therapist refuses to reimburse him the same amount for his time. George rails against this injustice.