Mundulai v. Law Society of Upper Canada, 2011 ONSC 4769
CITATION: Mundulai v. Law Society of Upper Canada, 2011 ONSC 4769
DIVISIONAL COURT FILE NO.: 330/11
DATE: 20110809
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, FERRIER AND SWINTON JJ.
BETWEEN:
ALIAMISSE O. MUNDULAI
Applicant
– and –
THE LAW SOCIETY OF UPPER CANADA
Respondent
In Person
Deborah McPhadden, for the Respondent
HEARD at Toronto: August 9, 2011
Oral Reasons for Judgment
SWINTON J. (orally)
1This application for judicial review is quashed as premature.
2The applicant has appealed the decision of the Hearing Panel to the Appeal Panel. He will have a right to appeal the final decision of the Appeal Panel to the Divisional Court, pursuant to s.49.38 of the Law Society Act, R.S.O. 1990, c. L.8, as amended. The applicant must exhaust his remedies before the Law Society before seeking review by this Court of the discipline decision and penalty of the Hearing Panel.
3There are no exceptional circumstances that warrant judicial intervention at this time to review the Appeal Panel’s decision refusing his motion for a permanent stay on the basis of abuse of process or for an interim stay of the decision pending appeal. There is nothing in the material before this Court to show that the proceeding before the Appeal Panel will be fatally flawed if it proceeds. Its decision is interlocutory. Allowing this application for judicial review to proceed would fragment the proceeding before the Law Society.
JENNINGS J.
Costs
4The application is quashed for oral reasons delivered today. Costs fixed at $2,000 payable by the applicant to the respondent by February 9, 2012.
SWINTON J.
JENNINGS J.
FERRIER J.
Date of Reasons for Judgment: August 9, 2011
Date of Release: August 12, 2011
CITATION: Mundulai v. Law Society of Upper Canada, 2011 ONSC 4769
DIVISIONAL COURT FILE NO.: 330/11
DATE: 20110809
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, FERRIER AND SWINTON JJ.
BETWEEN:
ALIAMISSE O. MUNDULAI
Applicant
– and –
THE LAW SOCIETY OF UPPER CANADA
Respondent
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: August 9, 2011
Date of Release: August 12, 2011