2 total
Judicial review of tribunal decision denying paralegal license dismissed; no reasonable apprehension of bias found.
The applicant sought judicial review of a Law Society Tribunal Appeal Division decision that denied his application for a paralegal license on the basis that he was ungovernable.
The applicant argued that the Chair of the Hearing Panel should have recused herself due to a reasonable apprehension of bias and that the Appeal Panel lacked independence.
The Divisional Court dismissed the application, finding the Appeal Panel reasonably concluded there was no apprehension of bias and that the tribunal's structure met the requisite degree of independence as directed by the legislature.
Judicial review dismissed; Law Society Hearing Panel lacked jurisdiction to determine constitutional validity of licensing by-law.
The applicant, a paralegal candidate, sought judicial review of a Law Society Hearing Panel decision that quashed his motion challenging the constitutional validity of By-law 4 during his good character hearing.
The Hearing Panel had concluded it lacked institutional competence to conduct broad constitutional inquiries into the governance of the Society.
The Divisional Court dismissed the application, agreeing that the Hearing Panel correctly held it had no jurisdiction to deal with the broad issue of the by-law's validity, and that such questions are appropriately raised before a court of original jurisdiction.
