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.
Richard Yallowega, Architect and Nicholls Yallowega Bélanger Architects – Architectes v. Ontario Association of Architects, 2007 ONSCDC 33762
