McKeown v. Law Society of Upper Canada, (1983) 1 O.A.C. 211 (DC)

• Judge: Osler, Steele and Eberle, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: November 30, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 211 (DC)

McKeown v. LSUC (1983), 1 O.A.C. 211 (DC)

MLB headnote and full text

McKeown v. Law Society of Upper Canada

Indexed As: McKeown v. Law Society of Upper Canada

Ontario Divisional Court

Osler, Steele and Eberle, JJ.

December 13, 1983.

Summary:

A solicitor was suspended for 18 months by the Law Society of Upper Canada pursuant to s. 34 of the Law Society Act. The Society also appointed a committee under s. 35 of the Act to inquire whether the solicitor was incapable of practising law because of alcoholism. The solicitor applied for judicial review.

The Ontario Divisional Court dismissed the application.

Barristers and Solicitors - Topic 5388

Discipline - Suspension - Pending inquiry - The Ontario Divisional Court held that the Law Society of Upper Canada had authority to suspend a solicitor under s. 34 of the Law Society Act, while at the same time setting up an inquiry under s. 35 as to whether the solicitor was incapable of practising because of alcoholism - The court held that ss. 34 and 35 were not mutually exclusive.

Statutes Noticed:

Law Society Act, R.S.O. 1980, c. 233, sect. 34, sect. 35 [para. 2].

Counsel:

I. Scott, Q.C., for the applicant;

T.H. Rachlin, Q.C., for the respondent.

This application was heard before Osler, Steele and Eberle, JJ., of the Ontario Divisional Court on November 30, 1983. The decision of the court was delivered orally by Osler, J., and released on December 13, 1983.