The public health case against a Windsor lawyer who did not enforce mask requirements in his office fell apart because of inadequate evidence against him.The Democracy Fund (TDF) has successfully defended Windsor lawyer Antoine d'Ailly against allegations he failed to enforce provincial masking requirements in his law office. D'Ailly was charged in December of 2020 under the Reopening Ontario Act, which required businesses to enforce masking requirements, subject to numerous exemptions.During the trial on November 1, the prosecution withdrew the charge against d'Ailly after a brief cross‐examination of the Crown's sole witness by TDF. The cross‐examination revealed multiple inconsistencies in the evidence of the Windsor‐Essex County Health Unit's (WECHU's) enforcement officer.While d'Ailly implemented a policy of not demanding proof from members of the public who claimed a masking exemption, his policy was in compliance with applicable law at all times. Despite being on the right side of the law, multiple complaints were made against d'Ailly, resulting in surveillance of his law office and other enforcement measures by WECHU officers.Mr. d'Ailly was defended at trial by TDF's Litigation Director, Alan Honner, who says the applicable regulation clearly states a person need not provide proof of an exemption to the masking requirement. Honner insists his client was legally and morally justified in not demanding proof of exemptions and it was the enforcement officers who did not understand the law when they charged d'Ailly."Mr. d'Ailly was diligent in reviewing the law and implementing a masking policy consistent with the law," says Honner. "He should not have been charged."Prior to the trial, TDF retained local paralegal Kristen Jarvis to bring a motion for particulars to insist that the crown identify the specific provision under which d'Ailly was being charged. Jarvis's success on that motion was critical to TDF's ultimate win at trial.In a press release, TDF said it “believes in standing up for persons who are wrongfully charged with breaching constitutionally‐ suspect masking laws.”D'Ailly caused public controversy in another circumstance when he went maskless. In 2020, he went to the takeout window of Thai Palace in Windsor to order food. Staff asked him to put on a mask, but he said he would not, citing a medical condition. Allegedly, after Thai Palace refused to serve him, D'Ailly sent them a letter asking for $20,000 or he would sue them. Thai Palace owner Renu Anderson went to the Windsor Star with the story and her assessment of D'Ailly. This inspired the lawyer to file a lawsuit before Ontario Superior Court naming both Anderson and the restaurant. He sought damages of $50,000 "for libel and/or slander, or in the alternative, unjust enrichment" and asked for an order that would stop the restaurant or its owner Renu Anderson from making any further defamatory statements about him. Western Standard made an inquiry to D'Ailly's law firm about the state of the lawsuit but did not receive a reply before publication.TDF was founded in 2021 as a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic. Its work is supported by tax‐deductible donations.
