Enough is Enough

Tribunals are cautious about refusing adjournment requests, particularly where there is no public risk in waiting to proceed later. In Broda v. Law Society of Alberta, 2017 ABCA 118, the practitioner had been removed from practice. He was appealing. However, he repeatedly failed to provide the required documents to the appeal tribunal. He was given a further adjournment that was peremptory (absolute) on him. After missing that deadline his appeal was dismissed. The Court upheld that decision, saying:

It seems to us that every courtesy was extended to the appellant. He had ample opportunity to make full answer and defence to the allegations that brought him before the Law Society of Alberta. The record is replete with cogent evidence of foot dragging on his part which was met with patient regard by the Appeal Panel to afford to the appellant multiple opportunities to put forward his evidence and submissions. Procedural unfairness is not made out. The principle of audi alteram partem was adhered to throughout the proceedings. The principles of fundamental justice were not infringed.

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