Appearance of Bias related to Adjudicative Conduct
An appearance of bias can arise as a result of the way that a proceeding is conducted. In Kivisto v. Law Society of Ontario, 2021
Natasha Danson
October 21, 2021
An appearance of bias can arise as a result of the way that a proceeding is conducted. In Kivisto v. Law Society of Ontario, 2021
In Khan v. Law Society of Ontario, 2021 ONSC 6019 (CanLII), https://canlii.ca/t/jj1xj a practitioner was disbarred in respect of his billing practices for accounts submitted
NB This decision was reversed by the Ontario Court of Appeal at Lauzon v Ontario (Justices of the Peace Review Council), 2023 ONCA 425 (CanLII),
It is a fundamental principle that a practitioner should know the allegations (and case) they will meet before their discipline hearing starts. Some exceptions exist
Discipline panels should generally accept joint submissions unless doing so would bring the administration of justice into disrepute or would be contrary to the public
The Divisional Court has again confirmed that abuse of process concerns should first be raised with the discipline panel rather than by an application for
It is difficult to sue a regulator for their investigations even if the resulting discipline hearing is resolved in the practitioner’s favour. The practitioner needs
Appealing a clinical assessment or examination is challenging. Even in the internal appeal stage, where there are experts present, it is often impossible for the
It is trite to say that a discipline panel can only make findings in respect of the allegations contained in the notice of hearing document.
It is professional misconduct to be significantly rude to one’s colleagues. In the legal profession such rudeness is often called “incivility”. It is more challenging