The appellants appealed a finding of professional misconduct by the Discipline Committee of the Ontario Association of Architects.
They argued they were denied a fair hearing because the independent legal counsel retained to advise the Committee effectively took over the conduct of the hearing.
The Divisional Court agreed, noting numerous instances where the Committee's counsel interrupted the appellants' counsel, purported to speak for the Committee, and engaged in heated arguments.
The findings of guilt were set aside and the matter was remitted for a new hearing before a differently constituted panel.