The applicant lawyer moved for a stay of professional misconduct proceedings before the Law Society of Upper Canada pending his application for judicial review.
The judicial review application alleged a reasonable apprehension of bias regarding one of the Hearing Panel members.
The Divisional Court dismissed the motion for a stay, finding that the applicant failed to demonstrate exceptional circumstances, irreparable harm, or that the balance of convenience favoured a stay under the RJR-MacDonald test.
The court also noted the applicant's delay in perfecting the judicial review application.