Alexandra E. Hersak

The applicant, a chartered accountant, sought judicial review of an Appeal Committee decision that revoked his licence for professional misconduct related to a tax minimization plan.

The applicant argued the Appeal Committee applied the wrong standard of review and impermissibly interfered with the Discipline Committee's findings of fact.

The Divisional Court dismissed the application, finding that the Appeal Committee correctly applied a reasonableness standard and did not overturn factual findings, but rather reasonably concluded that the applicant's reliance on a colleague's tacit approval of the plan did not excuse his misconduct.

The applicant, a chartered accountant, sought judicial review of a decision by the Institute of Chartered Accountants of Ontario's Discipline Committee finding him guilty of professional misconduct for failing to cooperate with an investigation.

The investigation stemmed from a complaint that the applicant helped a client conceal income in a matrimonial dispute.

The applicant argued that the investigating committee breached its duty of fairness by expanding the investigation without notice and breached its disclosure obligations by not providing the preliminary investigative report.

The Divisional Court dismissed the application, finding no evidence that the investigation had expanded and holding that there was no obligation to disclose the preliminary report during an ongoing investigation.