CITATION: Alessandro v. Law Society of Upper Canada, 2011 ONSC 1746
DIVISIONAL COURT FILE NO.: 329/10
DATE: 20110318
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, HERMAN AND ASTON JJ.
BETWEEN:
GUISEPPE ALESSANDRO
Applicant
(Appellant)
– and –
THE LAW SOCIETY OF UPPER CANADA
Respondent
(Respondent in Appeal)
Philippe M. Benayon, for the Applicant (Appellant)
Susan Heakes, for the Respondent (Respondent in Appeal)
HEARD at Toronto: March 18, 2011
JENNINGS J. (orally)
[1] In his submissions today, counsel for the appellant abandoned the allegations of bias not raised in the Notice of Appeal but referred to at some length in the appellant’s factum.
[2] The ground of appeal argued was that the refusal to grant a further adjournment beyond July 27, 2009, unless the appellant undertook not to practise amounted to a denial of natural justice, effectively forcing the appellant to continue without counsel.
[3] The Hearing Panel agreed to adjourn the proceedings after appellant’s counsel withdrew, but not beyond the 27^th^ of July without the appellant’s voluntary undertaking not to practice.
[4] In the light of the situation revealed in the Agreed Statement of Facts, there was a serious issue raised of a genuine risk for the public interest if the appellant was permitted to return to practise.
[5] This concern was properly weighed by the panel against the appellant’s right to counsel. We agree with the Appeal Panel that the Hearing Panel properly exercised its discretion to require a voluntary term of an adjournment beyond July 27, 2009 that the appellant not practices until the proceedings were completed.
[6] The appeal must be dismissed.
COSTS
[7] Costs fixed at $6,000.00 inclusive, payable by appellant to respondent forthwith.
JENNINGS J.
ASTON J.
HERMAN J.
Date of Reasons for Judgment: March 18, 2011
Date of Release: March 30, 2011
CITATION: Alessandro v. Law Society of Upper Canada, 2011 ONSC 1746
DIVISIONAL COURT FILE NO.: 329/10
DATE: 20110318
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, HERMAN AND ASTON JJ.
BETWEEN:
GUISEPPE ALESSANDRO
Applicant
(Appellant)
– and –
THE LAW SOCIETY OF UPPER CANADA
Respondent
(Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: March 18, 2011
Date of Release: March 30, 2011