Perry v. Nova Scotia Barristers' Society, 2016 NSSC 121

• Judge: Hood, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 26, 2016
• Jurisdiction: Nova Scotia
• Citations: 2016 NSSC 121;(2016), 372 N.S.R.(2d) 40 (SC)

Perry v. Barristers Soc. (2016), 372 N.S.R.(2d) 40 (SC);

    1172 A.P.R. 40

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. MY.015

Ian David Perry (applicant) v. Nova Scotia Barristers' Society (respondent)

(Hfx No. 443111; 2016 NSSC 121)

Indexed As: Perry v. Nova Scotia Barristers' Society

Nova Scotia Supreme Court

Hood, J.

February 1, 2016.

Summary:

A client complained to the Director of Professional Responsibility of the Nova Scotia Barristers' Society that his lawyer committed ethical breaches in representing him in a claim against his insurer. The Director dismissed the complaint. The Complaints Review Committee affirmed the decision as correct. The client sought judicial review, alleging bias, bad faith and a breach of the rules of procedural fairness.

The Nova Scotia Supreme Court dismissed the application. The rules of procedural fairness were complied with. There was no bad faith. There was no actual, systemic or reasonable apprehension of bias.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal (considerations incl. bias) - Bias - Apprehension of - A client complained to the Director of Professional Responsibility of the Nova Scotia Barristers' Society that his lawyer committed ethical breaches in representing him in a claim against his insurer - The Director dismissed the complaint - The Complaints Review Committee affirmed the decision as correct - The client sought judicial review, alleging actual and systemic bias on the part of the Committee - Particularly, the client argued that the involvement of various persons involved with the Committee and Barristers' Society were biased to support the Society over the client - The Nova Scotia Supreme Court held that there was no systemic or actual bias - The Committee was insulated from other parts of the Barristers' Society - The client, when specifically asked how the Committee was biased against him, "did not specifically answer that question" - An informed person, who had viewed the matter realistically and practically, and having thought the matter through, would not have concluded that it was more likely than not that the Committee would not decide fairly - There was insufficient evidence to rebut the strong presumption of impartiality on the part of the Committee - The client saw conspiracies against him where none existed - It was appropriate for the Barristers' Society to participate in the judicial review, as otherwise "there would be no one to present opposing arguments" - See paragraphs 59 to 107.

Administrative Law - Topic 2093

Natural justice - Constitution of board or tribunal (considerations incl. bias) - Bias - Institutional or systemic bias - [See Administrative Law - Topic 2088 ].

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - A client complained to the Director of Professional Responsibility of the Nova Scotia Barristers' Society that his lawyer committed ethical breaches in representing him in a claim against his insurer - The Director dismissed the complaint - The Complaints Review Committee affirmed the decision as correct - The client sought judicial review, alleging a breach of the rules of procedural fairness - The Nova Scotia Supreme Court dismissed the application - The nature of the Committee's decision, the nature of the statutory scheme, the importance of the decision to the client and others affected, the client's legitimate expectations, and the Committee's power to chose its own procedure, suggested a lower degree of procedural fairness - This was a review on the record - The Committee considered all of the evidence and the client's submissions before affirming the Director's decision as correct - There was no evidence of any procedural failings - The client was dealt with fairly - See paragraphs 46 to 58.

Administrative Law - Topic 8345

Administrative powers - Review of discretionary powers - Bad faith - A client complained to the Director of Professional Responsibility of the Nova Scotia Barristers' Society that his lawyer committed ethical breaches in representing him in a claim against his insurer - The Director dismissed the complaint - The Complaints Review Committee affirmed the decision as correct - The client sought judicial review, alleging that the Society acted in bad faith - The Nova Scotia Supreme Court held that "I cannot conclude there was any conspiracy or evidence of bad faith and even if there was, which I have not found, I cannot conclude it would have had any effect on the procedural fairness owed to [the client] by the [Committee]" - See paragraphs 113 to 121.

Administrative Law - Topic 8843

Boards and tribunals - Capacity or status - To appear before the courts when its decisions are under judicial review - [See Administrative Law - Topic 2088 ].

Counsel:

Ian David Perry, for himself;

Raymond F. Larkin, Q.C., for the respondent.

This application was heard on January 26, 2016, at Halifax, N.S., before Hood, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on February 1, 2016, with written release on May 10, 2016.