Allen Rouben

This costs endorsement follows the Law Society of Ontario’s successful motion before the Court of Appeal for Ontario.

The court orders each of the moving parties severally liable for costs of $200, payable to the Law Society of Ontario, on a partial indemnity basis.

The Court of Appeal for Ontario dismissed a motion by 13 respondents to re-open an appeal regarding the Law Society of Ontario’s decision to void their licensing exam results and registrations due to exam integrity breaches.

The court found that the moving parties had not been denied judicial review, that their complaint was about the adequacy of reasons rather than a rare circumstance justifying re-opening, and that the interests of justice did not require reconsideration.

The court held that the Law Society’s actions were consistent with its by-laws and that the moving parties’ arguments had been addressed.

The Law Society of Ontario (LSO) appealed a Divisional Court decision that quashed its administrative decision to void the registrations of 20 licensing candidates implicated in a cheating scandal.

The Divisional Court had found the LSO breached procedural fairness by not holding oral hearings before voiding the registrations.

The Court of Appeal allowed the appeal, finding that the Divisional Court misapplied the Baker factors and conflated the LSO's administrative licensing functions with its disciplinary good character functions.

The Court held that the written process provided by the LSO, which included disclosure and multiple opportunities to respond, satisfied the duty of procedural fairness.

The Court also admitted new evidence and found the Divisional Court breached procedural fairness by making costs orders without allowing submissions.

The Law Society of Ontario (LSO) brought a motion for a stay of a Divisional Court costs order, pending the determination of its motion for leave to appeal the Divisional Court's substantive decision.

The Divisional Court had allegedly ruled on costs without affording parties an opportunity for submissions.

The Court of Appeal granted the stay, applying the three-part test from RJR-MacDonald.

The court found a serious issue regarding both the substantive decision and the costs order, irreparable harm to the LSO if required to pay out monies that might be unrecoverable, and that the balance of convenience favored the stay, especially given its limited duration and the LSO's automatic entitlement to a stay if leave to appeal is granted.