The Law Society of Ontario brought a motion to quash the respondent's appeal for lack of jurisdiction.
The respondent had appealed a decision of the Law Society Appeal Panel dismissing his application for a licence to practice law.
The Divisional Court held that under s. 49.38 of the Law Society Act, appeals to the court are limited to specific types of proceedings, which do not include licensing applications under s. 27(4).
The court rejected the respondent's argument that 'subsection 31(3)' in s. 49.38 referred to s. 49.31(3), finding that the plain language meaning was s. 31(3).
The appeal was quashed, but the respondent was granted an extension of time to commence an application for judicial review.
