Necessary preconditions for stated case were absent

Ontario civil | Appeal

Stated case

Necessary preconditions for stated case were absent

Applicant lawyer was involved in contentious discipline proceedings with respondent Law Society of Upper Canada for several years. Proceedings resulted in findings of professional misconduct and the revocation of lawyer’s licence to practice. Lawyer brought motion requesting leave to have special case determined in first instance by Court of Appeal challenging order of Divisional Court quashing her appeal on issue of jurisdiction of Law Society hearing panel. Motion dismissed. Rule 22 of Rules of Civil Procedure (Ont.) required that parties must agree to invoke special case procedure for determination of point of law. They must agree on point of law, and they must submit their stated case with elements required by prescribed form. As necessary preconditions were absent, lawyer’s motion under R. 22 to state special case to determine jurisdiction issue was dismissed.
Coady v. Law Society of Upper Canada (Dec. 10, 2015, Ont. C.A., K. van Rensburg J.A., In Chambers, CA M38163) 262 A.C.W.S. (3d) 513.


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