In Morgan v Institute of Chartered Accountants of Ontario, 2017 ONSC 1466, the practitioner failed to attend a discipline hearing because he felt the process was “stacked against him”. When a finding and order were imposed, he did not appeal. He waited more than two years. Then, when the regulator eventually began to enforce the order he finally commenced an application for judicial review. The Divisional Court declined to hear the application because he waited so long and because he should have appealed the decision when it was made. It was unfair to the process for him to raise his defences for the first time on the application for judicial review.
Standards and Sanctions
Two of the more challenging issues with which discipline tribunals cope are determining whether a registrant’s conduct fell below accepted standards of practice and, where