Case information

Administrative law — Boards and tribunals — Jurisdiction — Independence — Law of professions — Barristers and solicitors — Civility — Whether respondent exceeded jurisdiction in ordering interim suspension of applicant’s practice certificate — Whether respondent’s members impermissibly acted in multiple overlapping capacities — Whether Court of Appeal erred in its application of principles from Groia v. Law Society of Upper Canada

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.

The applicant is a lawyer who is the subject of a series of complaints about his professional conduct. On February 1, 2024, several of these complaints were referred for disciplinary proceedings following an investigation by the Complaints Investigation Committee (the “CIC”) of the Nova Scotia Barristers’ Society. On the same date, the applicant, having appeared on his own behalf to unsuccessfully resist a motion for case management in a civil proceeding against his former law partners, poured water on one of these opposing parties in the courtroom after the hearing, and allegedly resisted a consequent arrest for assault. This was reported to the CIC, who opened a fresh investigation and considered whether to impose an interim suspension of the applicant’s practice certificate.

The CIC found that the applicant’s actions were prima facie misconduct and conduct unbecoming, and were part of a pattern that was likely to continue in the absence of a suspension. The CIC imposed an interim suspension ex parte, and later held an inter partes hearing at which the interim suspension was confirmed. The Court of Appeal found no error of law in the CIC’s inter partes decision and dismissed an appeal.