2 total
Professional misconduct finding set aside because committee's independent counsel improperly took over the hearing.
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.
Appeal dismissed as the trial judge did not err in refusing to re-open the trial or interpreting the contract.
The appellants appealed the judgment of the Superior Court of Justice, arguing the trial judge erred in refusing to re-open the trial and in interpreting the contract.
The Court of Appeal found no error in the trial judge's exercise of discretion or interpretation of the contract.
The appeal was dismissed with costs fixed at $3,500.
