Court File and Parties
CITATION: Piersanti v. Law Society of Ontario, 2019 ONSC 1826
DIVISIONAL COURT FILE NO.: 470/18
DATE: 20190320
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SACHS, D.L. CORBETT, and M. EDWARDS JJ.
BETWEEN:
CHRISTIAN RONALD PIERSANTI
Appellant
– and –
LAW SOCIETY OF ONTARIO
Respondent
COUNSEL:
V. Ross Morrison and R. Samantha Chapman, for the Appellant
Leslie Maunder, for the Respondent
HEARD at Toronto: March 20, 2019
Oral Reasons for Judgment
D.L. CORBETT J. (Orally)
[1] We heard and considered Mr. Morrison’s written and oral submission. As both sides agree, this appeal is conducted on a reasonableness standard of review, except with respect to abuse of process which is subject to a correctness standard (see Dunsmuir v. New Brunswick 2008 SCC 9, [2008] 1 S.C.R. 190 and Groia v. Law Society of Upper Canada (2015), 2015 ONSC 686, 124 O.R (3d) 1).
[2] The appeal concerns the use that can be made in disciplinary proceedings against Mr. Piersanti of the decision of Justice Ellen Macdonald in Alfonso Estate (Trustee of) v. Piersanti, 2010 ONSC 4853 and the appellate decision largely upholding the judgment of Justice Macdonald at 2012 ONCA 297.
[3] We agree with the decision of the Hearing Panel and see no error in its thorough and thoughtful reasons. The Appeal Panel’s decision upholding the decision of the Hearing Panel is thus both reasonable on the merits and correct respecting abuse of process.
[4] This appeal is dismissed.
SACHS J.
[5] I have endorsed the Appeal Book and Compendium as follows: “This appeal is dismissed for reasons given orally by Corbett J. The parties have agreed that the Appellant shall pay the Respondent costs fixed in the amount of $4,000.00, all inclusive.”
D.L. CORBETT J.
I agree
SACHS J.
I agree
M. EDWARDS J.
Date of Reasons for Judgment: March 20, 2019
Date of Release: April 3, 2019
CITATION: Piersanti v. Law Society of Ontario, 2019 ONSC 1826
DIVISIONAL COURT FILE NO.: 470/18
DATE: 20190320
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SACHS, D.L. CORBETT, and M. EDWARDS JJ.
BETWEEN:
CHRISTIAN RONALD PIERSANTI
Appellant
– and –
LAW SOCIETY OF ONTARIO
Respondent
ORAL REASONS FOR JUDGMENT
D.L. CORBETT J.
Date of Reasons for Judgment: March 20, 2019
Date of Release: April 3, 2019