Court File and Parties
CITATION: Law Society of Upper Canada v. Kazman, 2011 ONSC 944
DIVISIONAL COURT FILE NO.: 316/08
DATE: 20110209
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, SWINTON AND LEDERER JJ.
BETWEEN:
LAW SOCIETY OF UPPER CANADA
Applicant
(Respondent in Appeal)
– and –
MARSHALL KAZMAN
Respondent
(Appellant)
William Holder, for the Applicant (Respondent in Appeal)
In Person
HEARD at Toronto: February 9, 2011
Oral Reasons for Judgment
FERRIER J. (ORALLY)
[1] The request for an adjournment by the appellant is almost totally devoid of merit. The date of this hearing was scheduled in October, 2010. His default in failing to perfect the appeal was months in duration. He was granted an indulgence to perfect the appeal in October, 2009. Now, one week before the appeal is heard, he thought perhaps he should retain a lawyer. Although he has been in touch with a lawyer, he has not retained counsel and no counsel has indicated that he or she will act in this matter.
[2] He seeks, in effect, an adjournment for an indefinite period to permit him to see if he can retain counsel and have counsel appear to make submissions as to when counsel can argue the appeal. The resulting delay would be quite unacceptable to the due administration of justice. On the other hand, this appeal is virtually the last chance that Mr. Kazman has to attempt to restore his professional life as a lawyer. It is clearly in his interest to have counsel appear for him but obviously he should have taken steps long before now. As well, however, we note that there is no prejudice or risk to the public in granting him one final indulgence.
[3] Accordingly, this appeal is adjourned to be argued on May 13, 2011. The matter shall proceed that day peremptory to Mr. Kazman. He shall be required to proceed that day with or without counsel and without regard to whether Mr. Kazman’s first choice of counsel is available that date.
COSTS
[4] We’ve conferred on quantum and I think shortly put, the Law Society’s position on quantum is more than reasonable. Costs will be fixed at $1,500 and they shall be paid no later than March 9, 2011.
FERRIER J.
SWINTON J.
LEDERER J.
Date of Reasons for Judgment: February 9, 2011
Date of Release: February 14, 2011
CITATION: Law Society of Upper Canada v. Kazman, 2011 ONSC 944
DIVISIONAL COURT FILE NO.: 316/08
DATE: 20110209
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, SWINTON AND LEDERER JJ.
BETWEEN:
LAW SOCIETY OF UPPER CANADA
Applicant
(Respondent in Appeal)
– and –
MARSHALL KAZMAN
Respondent
(Appellant)
ORAL REASONS FOR JUDGMENT
FERRIER J.
Date of Reasons for Judgment: February 9, 2011
Date of Release: February 14, 2011