Alessandro v. Law Society of Upper Canada, 2011 ONSC 1746

CITATION: Alessandro v. Law Society of Upper Canada, 2011 ONSC 1746

DIVISIONAL COURT FILE NO.: 329/10

DATE: 20110318

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)

1In 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.

2The 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.

3The 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.

4In 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.

5This 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.

6The appeal must be dismissed.

COSTS

7Costs 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