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.
- ↑ 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):...")
Principles and Factors
Penalties
- Ontario
- Law Society of Ontario v King, 2022 ONLSTH 6 (CanLII)
- LSO v Dakin, 2022 ONLSTH 23 (CanLII)
- Law Society of Ontario v. Ljiljanic, 2021 ONLSTH 5
- 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)