A “Leisurely And Intermittent Pace”
The Ontario Law Society Tribunal Hearing Division found inordinate delay but no prejudice in the handling of an investigation and declined to stay the matter
After two complaints were made against the Licensee, it took four and five years respectively, for the Law Society to bring this application. Considering the Abrametz factors, we find that there was inordinate delay.
However, we do not find that the delay caused significant prejudice or that the delay was manifestly unfair to the Licensee. As we accordingly do not find abuse of process, we do not need to consider the question of remedy.
Complaints
The Law Society received two complaints about the Licensee; the first in August 2017 (Complainant A) and the second in September 2018 (Complainant B). These remained at the Intake & Resolution Counsel (I&R counsel) stage until they were assigned to the Law Society investigator in January 2019. The investigator was already assigned in October 2017 to investigate issues arising out of a spot audit of the Licensee’s practice. The notice of application does not include any allegations stemming from a spot audit.
The opinion sets out the history of the investigation and concludes
There is no abuse of process. Each party also bears some responsibility for the leisurely and intermittent pace with which these complaints made their way to the Tribunal. The Licensee has not established significant prejudice.
(Mike Frisch)
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