Law Society of Upper Canada v. Bishop, 2014 ONSC 4463
CITATION: Law Society of Upper Canada v. Bishop, 2014 ONSC 4463
DIVISIONAL COURT FILE NO.: 285/14
DATE: 20140725
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, D. L. CORBETT AND HARVISON YOUNG JJ.
BETWEEN:
LAW SOCIETY OF UPPER CANADA
Respondent
– and –
WILLIAM JOHN FRANKLIN BISHOP
Appellant
Sean M. Dewart and Chris P. Donovan, for the Respondent
Ian J. Roland and Michael J. Fenrick, for the Appellant
HEARD at Toronto: July 25, 2014
HARVISON YOUNG J. (orally)
[1] We are all of the view that this motion to vary the order of Matlow J. should be granted in light of the fact that the parties have now agreed that the appeal of the Tribunal’s decision to this Court will be heard on August 21, 2014.
[2] The standard of review on the motion judge’s application of the RJR test (RJR-MacDonald Inc. v. Canada (A.G.), 1994 117 (SCC), [1994] 1 S.C.R. 311) for a stay is reasonableness. We accept that there is a serious issue to be tried.
[3] With respect to irreparable harm, the motions judge offered no reasons for his decision and his decision on that point is therefore not entitled to any deference.
[4] With respect to the balance of convenience, the public interest in maintaining confidence and the legal profession’s ability to regulate itself are not likely to be undermined by a stay of such a limited duration. We note that this matter has been ongoing since 2005 and the Member was permitted to practice throughout that entire period without restriction.
[5] The Hearing Panel will be in a much better position than this panel or the motions judge to assess whether the stay should be extended to continue through any reserve period that might follow the hearing date.
[6] Accordingly, we order that this motion is granted and Matlow J.’s order is varied to grant a stay until the hearing of this appeal on August 21, 2014.
THEN J.
COSTS
[7] I have endorsed the back of the Motion Record, “This appeal is allowed for oral reasons delivered on behalf of the Court by Harvison Young J. The order or Matlow J. is varied to grant a stay until August 21, 2014. Counsel have agreed that costs in the amount of $5,000 will follow the event.”
HARVISON YOUNG J.
THEN J.
D. L. CORBETT J.
Date of Reasons for Judgment: July 25, 2014
Date of Release: August 1, 2014
CITATION: Law Society of Upper Canada v. Bishop, 2014 ONSC 4463
DIVISIONAL COURT FILE NO.: 285/14
DATE: 20140725
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, D. L. CORBETT AND HARVISON YOUNG JJ.
BETWEEN:
LAW SOCIETY OF UPPER CANADA
Respondent
– and –
WILLIAM JOHN FRANKLIN BISHOP
Appellant
ORAL REASONS FOR JUDGMENT
HARVISON YOUNG J.
Date of Reasons for Judgment: July 25, 2014
Date of Release: August 1, 2014