Greenhorn v. Law Society of Saskatchewan, (1991) 92 Sask.R. 72 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 21, 1991
• Jurisdiction: Saskatchewan
• Citations: (1991), 92 Sask.R. 72 (QB)

Greenhorn v. Sask. Law Soc. (1991), 92 Sask.R. 72 (QB)

MLB headnote and full text

Lynne G. Greenhorn (applicant) v. The Law Society of Saskatchewan (respondent)

(Q.B.M. No. 469)

Indexed As: Greenhorn v. Law Society of Saskatchewan

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barclay, J.

June 21, 1991.

Summary:

A lawyer sought mandamus directing the Law Society to provide written responses to a complaint she filed against three other lawyers.

The Saskatchewan Court of Queen's Bench dismissed the application.

Administrative Law - Topic 3501

Judicial review - Mandamus - General - The Saskatchewan Court of Queen's Bench referred to the nature of mandamus and the principles to be applied in granting mandamus - See paragraphs 7 to 9.

Administrative Law - Topic 3503

Judicial review - Mandamus - When available - A lawyer filed a complaint against three lawyers - The Law Society conducted a preliminary investigation - At the request of the lawyers investigated it declined to disclose their responses - The com­plainant lawyer sought mandamus to com­pel disclosure of the responses - The Saskatchewan Court of Queen's Bench declined to issue mandamus where the complainant failed to establish a clear, legal right to be provided with the responses - Also, the court declined to exercise its discretion to order mandamus where there was no bias or bad faith showing preferential treatment or denial of natural justice - See paragraphs 18 to 25.

Administrative Law - Topic 3504

Judicial review - Mandamus - General Conditions precedent - The Saskatchewan Court of Queen's Bench stated that the prerequisites to an order of mandamus are (1) a clear legal right to performance of the duty; (2) evidence that performance of the duty is owed; (3) absence of discretion as to whether the duty must be performed; (4) proof of demand that the duty be per­formed and refusal - See paragraph 9.

Barristers and Solicitors - Topic 5128

Discipline - Nature of proceedings - Disposition of a complaint by a society - The Saskatchewan Court of Queen's Bench stated that the Deputy Secretary Treasurer of the Law Society, in conducting a pre­liminary review of a complaint, was acting pursuant to rule 98 of the Rules of the Law Society of Saskatchewan; was not performing a quasi-judicial function; her function at that stage of the investigation was purely administrative - See para­graphs 12 to 17.

Barristers and Solicitors - Topic 5234

Discipline - Procedure - Investigation of complaint - Application of rules of natural justice - [See Administrative Law - Topic 3503 ].

Cases Noticed:

Pacific Investments Ltd. v. Delano, Deputy Registrar of Condominiums and Nova Scotia (1983), 57 N.S.R.(2d) 427; 120 A.P.R. 427; 148 D.L.R.(3d) 561, affd. 62 N.S.R.(2d) 364; 136 A.P.R. 364 (C.A.), refd to. [para. 10].

Hawrish v. Cundall et al. (1989), 76 Sask.R. 208, refd to. [para. 12].

Samuels v. Council of College of Phys­icians and Surgeons of Saskatchewan et al. (1966), 57 W.W.R.(N.S.) 385, refd to. [para. 13].

Attorney General of Saskatchewan, ex rel. Ridge and M.C.C. Design Ltd. v. Saskatchewan Association of Architects (1979), 1 Sask.R. 305; 108 D.L.R.(2d) 441, refd to. [para. 19].

R. v. Johnson et al., [1979] 2 W.W.R. 571 (Sask. C.A.), refd to. [para. 20].

Central Canada Potash Co. Ltd. et al. and Minister of Mineral Resources of Saskatchewan, Re (1972), 32 D.L.R.(3d) 107, affd. 38 D.L.R.(3d) 317 (S.C.C.), refd to. [para. 25].

Statutes Noticed:

Legal Profession Act, R.S.S. 1978, c. L-10, sect. 54, sect. 56(1), sect. 56(2), sect. 56(6) [para. 11].

Medical Profession Act, R.S.S. 1965, c. 303, generally [para. 13].

Rules of the Law Society of Saskatchewan, rule 98, rule 99 [para. 10].

Counsel:

The applicant, on her own behalf;

A.T. Snell, for the respondent.

This application was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on June 21, 1991.