2 total
Appeal dismissed; lawsuit against professional discipline investigator was a collateral attack and abuse of process.
The appellant appealed the dismissal of his action against an investigator appointed by the Chartered Professional Accountants of Ontario.
The motion judge had found the lawsuit was a collateral attack on the Discipline Committee's decision to revoke the appellant's designation, and was an abuse of process.
The Court of Appeal upheld the decision, finding no error in the motion judge's conclusions or in his discretionary decision to deny an adjournment.
Motion to admit fresh evidence on appeal partially granted to allow admission of financial documents.
The Appellant, a revoked member of CPA Ontario, brought a motion to introduce fresh evidence at his upcoming appeal hearing.
The proposed evidence included a handwriting expert report, medical records, a hearing transcript, and financial statements.
The Appeal Committee applied the test for fresh evidence and dismissed the motion for the majority of the documents, finding they were either available at the time of the reconsideration hearing or would not have affected the outcome.
However, the Committee allowed the admission of the Appellant's CRA documents for 2022 and 2023, as they may be relevant to the determination of costs.
