A.C.J.S.C. Cunningham

The appellant lawyer appealed a decision of the Law Society's Appeal Panel upholding the revocation of his license to practice law following criminal convictions for sexual exploitation of two minors.

The appellant argued the penalty was too harsh given his prior good character and cooperation, and that the panels erred in assessing remorse and character evidence.

The Divisional Court dismissed the appeal, finding the panels' decisions reasonable and that revocation was an appropriate penalty for sexual misconduct involving a breach of trust with young persons.

The applicant sought an adjournment of its judicial review application pending the Ontario Energy Board's reconsideration of an earlier decision regarding the applicant's failure to sign an assignment document.

The Divisional Court granted the adjournment, noting that the outcome of the reconsideration could significantly impact the judicial review application.

Costs of $600 each were awarded to the intervenors.

The moving party brought a motion pursuant to s. 21(5) of the Courts of Justice Act to set aside an order of Gans J. The Divisional Court considered the criteria for setting aside a Registrar's order, noting that the overriding consideration is what the justice of the case requires.

The court found that Gans J. was entitled to conclude there was insufficient evidence to relieve the appellant from the operation of the rules.

The motion was dismissed with costs payable from the estate and charged against the moving party's interest.