Douglas Hunt

The appellant appealed an order directing the payment of unallocated trust funds into the Law Society's compensation fund.

The Court of Appeal dismissed the appeal, finding that the order was a valid distribution under section 49.47(2) of the Law Society Act.

The Court held that section 51(2) does not exhaustively set out monies payable into the compensation fund, and sections 59.6 through 59.14 do not mandate payment of unallocated funds into the unclaimed trust fund account.

Costs of $15,000 were awarded to the respondent.

The applicant, a former Justice of the Peace, sought judicial review of an Order-in-Council revoking his appointment following a recommendation by a Hearing Panel of the Justices of the Peace Review Council.

The applicant argued the Panel erred in denying severance of allegations, gave inadequate reasons, imposed an unreasonable disposition, and that he was denied procedural fairness by not being allowed to make submissions to the Executive Council.

The Divisional Court dismissed the application, finding the Panel's decisions reasonable and concluding that the statutory scheme provides procedural fairness during the hearing process, not before the Executive Council.