K. Jolley

The applicant, a certified general accountant, sought judicial review of a professional misconduct conviction based entirely on deemed admissions.

The applicant had failed to respond to a request to admit within the 20-day period due to personal stress and seeking new counsel.

The conduct committee dismissed his motion to withdraw the deemed admissions without providing reasons, and he was subsequently convicted without being permitted to call evidence.

The Divisional Court allowed the application, finding that the conduct committee's decision was unreasonable and that the failure to provide reasons for a decision of such significance constituted a breach of natural justice.

Following the dismissal of the self-represented plaintiff's motion for leave to appeal, the court determined the costs to be awarded to the successful defendants.

The court reviewed the principles for fixing costs under the new costs grid and the Courts of Justice Act.

Finding no compelling reasons for substantial indemnity, the court awarded costs on a partial indemnity basis to the various defendants, totalling $16,158.08.

The self-represented plaintiff brought a motion for leave to appeal a decision striking out his statement of claim, which sought damages for alleged Charter violations.

The Divisional Court dismissed the motion, finding that the plaintiff failed to meet the mandatory test for leave to appeal under Rule 62.02(4) of the Rules of Civil Procedure, as he did not demonstrate conflicting decisions or good reason to doubt the correctness of the lower court's order.