Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35702
J. Shawn O'Toole v. Law Society of New Brunswick
(New Brunswick) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-04-24 | Close file on Leave | |
| 2014-04-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-04-22 | Judgment on leave sent to the parties | |
| 2014-04-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 135-12-CA, 2013 NBCA 67, dated November 28, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-03-24 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-03-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-03-06, (Electronic version filed on 2014-03-13) | J. Shawn O'Toole |
| 2014-02-24 | Certificate (on limitations to public access) | Law Society of New Brunswick |
| 2014-02-24 | Notice of name | Law Society of New Brunswick |
| 2014-02-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-02-24, (Electronic version filed on 2014-02-25) | Law Society of New Brunswick |
| 2014-01-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2014-01-27 | Certificate (on limitations to public access), (Letter Form) | J. Shawn O'Toole |
| 2014-01-27 | Application for leave to appeal, (Book Form), Completed on: 2014-01-27 | J. Shawn O'Toole |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| O'Toole, J. Shawn | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Law Society of New Brunswick | Respondent | Active |
Counsel
Party: O'Toole, J. Shawn
Counsel
Matthew Estabrooks
77 Westmorland Street
Suite 600, Frederick Square
Fredericton, New Brunswick
E3B 6Z3
Telephone: (506) 458-1970
FAX: (506) 444-8974
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Law Society of New Brunswick
Counsel
400-371 Queen St., Phoenix Sq.
PO Box 310, Stn. A
Fredericton, New Brunswick
E3B 4Y9
Telephone: (506) 462-4773
FAX: (506) 453-9600
Email: jtownsend@coxandpalmer.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Administrative law – Boards and tribunals – Law of professions – Barristers and solicitors – Discipline – Can an administrative body enter into an agreement with the Court of Appeal that it will address breaches of its statutorily mandated code of procedural fairness where the administrative bodies’ enabling statute does not empower it to cure such breaches? – Does a provision contained in an administrative body’s enabling statute empowering the administrative body to address all questions of fact and law include the power to cure statutory breaches? – Does the mere existence of a second level administrative body constitute an adequate alternative remedy?
In 2011, an informal complaint to the Law Society of New Brunswick was made against Mr. O’Toole, a lawyer practicing in Fredericton, concerning a real estate transaction he had handled in 2008. After forwarding the complaint to Mr. O’Toole, the Registrar of Complaints advised him that she was referring the matter to the Complaints Committee. The Complaints Committee referred the matter to the Discipline Committee. A formal Notice of Complaint was issued by the Registrar on April 19, 2012. The charges against Mr. O’Toole were that he had not been present when his clients had signed transfer and mortgage documents that transferred a wife’s interest in the matrimonial home to her husband, although Mr. O’Toole had signed as a witness and commissioner of oaths. Further, he was charged with failing to advise the wife of the nature of that transaction and failing to advise her to seek independent legal advice. Finally, he was charged with having billed the same clients for the preparation of wills that he failed to prepare. Mr. O’Toole challenged the proceedings launched under the Law Society Act, S.N.B. 1996, c. 89.
Lower court rulings
Court of Queen’s Bench of New Brunswick
F/M/31/2012, 2012 NBQB 336
Applicant’s application to have complaint to Law Society quashed dismissed
Court of Appeal of New Brunswick
135-12-CA, 2013 NBCA 67
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available