The applicant Institute sought to lift a stay of a disciplinary order against the respondent chartered accountant, which had been granted pending judicial review.
The stay was originally granted on the condition that the judicial review be expedited.
Due to egregious and inexcusable delays by the respondent's counsel, the hearing dates were lost.
The court found that the balance of convenience had shifted in favour of the applicant due to the risk to the public interest, given the respondent's convictions for offences involving dishonesty.
The motion to lift the stay was granted.