Legal Profession Regulation: Difference between revisions

Revision as of 12:26, 11 January 2024

There are factors to consider for an adjournment:^[1]

the purpose of the adjournment (relevance to the proceedings, necessary for a fair hearing);
has the participant seeking the adjournment acted in good faith and reasonably in attempting to avoid the necessity of adjourning;
the position of other participants and the reasonableness of their actions;
the seriousness of the harm resulting if the adjournment is not granted;
the seriousness of the harm resulting if the adjournment is granted (to the other participants, etc., including the length of adjournment required);
is there any way to compensate for any harm identified;
how many adjournments has the party requesting the adjournment been granted in the past; and
was the hearing to be peremptory, and if so, were the parties consulted in selecting the date and were they advised of its peremptory nature.

↑ De Lange (Re), 2022 LSBC 35 (CanLII), at para 14 ("In both Welder and in Law Society of BC v. Hart, 2019 LSBC 39 the panel cited the following non-exhaustive list of factors to be considered for adjournment motions as set out in Macaulay & Sprague, Practice and Procedure Before Administrative Tribunals, (Toronto: Thomson Carswell, 2004):...")

@@ Line 3: / Line 3: @@
 ==Offences==
+==Procedure==
+===Adjournments===
+There are factors to consider for an adjournment:<Ref>
+{{CanLIIRC|De Lange (Re)|js7fk|2022 LSBC 35 (CanLII)}}{{atL|js7fk|14}} ("In both Welder and in Law Society of BC v. Hart, 2019 LSBC 39 the panel cited the following non-exhaustive list of factors to be considered for adjournment motions as set out in Macaulay & Sprague, Practice and Procedure Before Administrative Tribunals, (Toronto: Thomson Carswell, 2004):...")
+</ref>
+# the purpose of the adjournment (relevance to the proceedings, necessary for a fair hearing);
+# has the participant seeking the adjournment acted in good faith and reasonably in attempting to avoid the necessity of adjourning;
+# the position of other participants and the reasonableness of their actions;
+# the seriousness of the harm resulting if the adjournment is not granted;
+# the seriousness of the harm resulting if the adjournment is granted (to the other participants, etc., including the length of adjournment required);
+# is there any way to compensate for any harm identified;
+# how many adjournments has the party requesting the adjournment been granted in the past; and
+# was the hearing to be peremptory, and if so, were the parties consulted in selecting the date and were they advised of its peremptory nature.
+{{reflist|2}}
 ==Principles and Factors==