2 total
Judicial review dismissed; Law Society Appeal Panel reasonably overturned costs award to applicant.
The applicant sought judicial review of a Law Society Appeal Panel decision that overturned a costs award in her favour.
The applicant had previously admitted to destroying evidence relevant to a criminal proceeding, prompting a good character hearing for her admission to the Law Society.
The Hearing Panel admitted her and awarded her costs, finding the hearing unwarranted.
The Appeal Panel overturned the costs award, emphasizing the Law Society's public interest mandate to hold hearings when serious misconduct raises character issues.
The Divisional Court dismissed the application for judicial review, finding the Appeal Panel's decision reasonable.
Employee entitled to post-termination commission profits under contract, but corporate veil not pierced against director.
The respondent employee sued his former corporate employer and its directing mind for breach of an employment contract, claiming a 50 per cent commission on profits from a real estate project completed after his resignation.
The trial judge found both the corporation and the directing mind liable for the full 50 per cent of the profits, including those earned by third-party investors.
On appeal, the Court of Appeal upheld the finding that the contract entitled the employee to post-termination profits based on an objective interpretation of the agreement.
However, the Court allowed the appeal in part, holding that the employee was not entitled to profits earned by third-party investors, and dismissed the action against the directing mind personally, finding no basis to pierce the corporate veil.
