Court File and Parties
Court File No.: DC-08-052 Released: 2008-10-31
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Re: ah’seh hodeeheehonto v. The Law Society of Upper Canada
Before: Marshman, Aitken and Swinton JJ.
Counsel: ah’she hodeeheehonto, in person Susan Heakes for the Law Society of Upper Canada
Heard at Hamilton: October 29, 2008
ENDORSEMENT
Background
1The applicant has brought an application for judicial review of a decision of a Hearing Panel of the Law Society of Upper Canada dated May 27, 2008 which found him guilty of professional misconduct and revoked his licence. The Panel came to that conclusion because he had been practising while under suspension for failing to make an annual filing and failing to communicate with the Law Society.
2The applicant did not appear before the Hearing Panel, because he does not recognize its jurisdiction. He has not exercised his right to appeal to an Appeal Panel pursuant to s. 49.32(1) of the Law Society Act, R.S.O. 1990, c. L.8. An appeal lies from the decision of the Appeal Panel to the Divisional Court pursuant to s. 49.38.
Analysis
3Judicial review is a discretionary remedy. As the applicant has not exhausted his statutory right to appeal, we would dismiss this application for judicial review.
4In any event, we see no merit to this application. The Law Society has the authority to regulate its members. The applicant has not satisfied us that the Hearing Panel reached an unreasonable decision in revoking his licence for practising while his licence was suspended.
5The applicant’s real quarrel is with the statutory and regulatory requirements that he have a licence from the Law Society of Upper Canada in order to appear before the courts of this province. That issue should be raised directly in a judicial proceeding and with a proper evidentiary record and clear notice to the appropriate Attorney General.
Disposition
6The application for judicial review is dismissed. The Law Society does not seek costs.
Marshman J.
Aitken J.
Swinton J.
Released: October 31, 2008