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Appeal and motion dismissed as frivolous and vexatious under Rule 2.1; procedural directions provided.
The appellant, who had a history of bringing meritless proceedings against the respondent professional association following his suspension for unpaid fees, sought to appeal a Superior Court order denying him leave to appeal an internal disciplinary decision.
The respondent requested the Court of Appeal dismiss the appeal and related motion under Rule 2.1 of the Rules of Civil Procedure.
The Court of Appeal found the proceedings to be frivolous, vexatious, and an abuse of process, as they attempted to re-litigate previously decided issues.
The appeal and motion were dismissed, and the Court provided new procedural directions for future Rule 2.1 requests.
CCAA settlement release does not bar professional regulatory body from bringing disciplinary proceedings against former CFO.
The moving party, a former CFO of a company undergoing CCAA restructuring, sought a declaration that a court-approved settlement and release barred the Chartered Professional Accountants of Ontario (CPAO) from commencing disciplinary proceedings against him.
The court dismissed the motion, finding that the CPAO's regulatory proceedings regarding professional misconduct did not constitute a 'claim' under the CCAA, nor were they claims against him in his capacity as a director or officer.
Furthermore, the disciplinary proceedings did not fall within the definition of released claims in the settlement order, and the CPAO was not bound by the order as it had not received notice.
Judicial review of professional discipline investigation dismissed as premature; member has duty to cooperate.
The applicant, a Chartered Professional Accountant, sought judicial review to quash the respondent's decisions to investigate him and issue allegations of professional misconduct for failing to cooperate.
The applicant argued the respondent exceeded its jurisdiction and breached natural justice by refusing to identify the complainant.
The Divisional Court dismissed the application, finding it premature to intervene before the administrative process concluded and holding that the applicant had a duty to cooperate with the investigation.
Professional misconduct convictions and costs awards against auditors reinstated; Discipline Committee provided adequate reasons and procedural fairness.
The Institute of Chartered Accountants of Ontario (ICAO) appealed a Divisional Court decision that quashed professional misconduct convictions against three auditors regarding their 1997 audit of Livent Inc. The auditors cross-appealed the Divisional Court's decision upholding other convictions.
The Court of Appeal allowed the ICAO's appeal, finding that the Discipline Committee did not breach procedural fairness and provided adequate reasons for its findings of misconduct.
The Court also held that subsequent legislative amendments retroactively validated the Discipline Committee's costs award.
The auditors' cross-appeal was dismissed, and the Discipline Committee's original decisions and penalties were reinstated.
