Dr. van der Linden

The Law Society of Ontario (LSO) investigated a cheating scandal involving the November 2021 licensing exams.

Based on statistical anomalies, the LSO voided the applicants' exam results and their registration in the licensing process without holding a hearing.

The applicants sought judicial review.

The Divisional Court held that while voiding the compromised exams was a reasonable administrative measure, voiding the applicants' registration and imposing regulatory sanctions without a hearing breached procedural fairness.

The court quashed the punitive sanctions and remitted the matters to the LSO.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer until they were terminated.

The applicant sought ongoing benefits, claiming physical and psychological disability.

The arbitrator found that the applicant's physical injuries had resolved and that there was no organic basis for his ongoing complaints.

Medical and vocational assessments indicated symptom magnification, malingering, and an unreasonable refusal to attempt a return to work.

The arbitrator concluded the applicant was not disabled beyond the termination date.

However, the arbitrator found the insurer had miscalculated the benefit amount prior to termination by improperly deducting ceasing business expenses, resulting in an underpayment.

The insurer was ordered to pay the arrears with interest, and the applicant was awarded one third of his hearing expenses.