Legal Profession Regulation
General Principles
Offences
Procedure
Adjournments
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.
see also Baker (Re), 2023 CanLII 98517 (NL LS), LSO v Oti, 2023 ONSLSTH 141, LSO v Lulic, 2023 ONLSTH 159, Re Guo, 2023 LSBC 41.
- ↑ 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):...")
Proceeding Without Respondent
The respondent has a right to notice of a hearing. However, absent statutory obligations, there is no right be present at a determination hearing.Cite error: Invalid <ref> tag; refs with no name must have content
Reasons of health will normally need to be substantiated and connected with their inability to participate.[1]
- ↑ R v LSO v Oti, 2023 ONLSTH 141 (CanLII)
Principles and Factors
Penalties
- Ontario
- Law Society of Ontario v King, 2022 ONLSTH 6 (CanLII)
- LSO v Dakin, 2022 ONLSTH 23 (CanLII)
- LSO v Ljiljanic, 2021 ONLSTH 5 (CanLII)
- Law Society of Ontario v. Dinning, 2021 ONLSTH 85
- Law Society of Ontario v. Zaitzeff, 2021 ONLSTH 108
- Law Society of Ontario v. Campbell, 2021 ONLSTH 112
- Law Society of Ontario v. Decock, 2021 ONLSTH 121
- Law Society of Ontario v. Ferguson, 2021 ONLSTH 124
- Law Society of Upper Canada v. Farant, 2014 ONLSTH 201
- Law Society of Upper Canada v. Sinukoff, 2012 ONLSHP 12
- Law Society of Upper Canada v. Neinstein, 2008 CanLII 48142 (ON SCDC)
- Law Society of Upper Canada v. Kiernan, 2006 ONLSHP 98
- Saskatchewan
- Law Society of Upper Canada v. Farant, 2014 ONLSTH 201
- Nova Scotia
- NSBS v McKeough, 2022 NSBS 1 (CanLII)
- NSBS v Rhyno, 2021 NSBS 4 (CanLII)
- NSBS v Robinson, 2021 NSBS 3 (CanLII)
- Colpitts, 2020 NSBS 2 (CanLII)