Pitre et al. v. Law Society of Prince Edward Island et al., (2000) 191 Nfld. & P.E.I.R. 1 (PEICA)

• Judge: Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A.
• Case Date: June 28, 2000
• Jurisdiction: Prince Edward Island
• Citations: (2000), 191 Nfld. & P.E.I.R. 1 (PEICA);2000 PESCAD 21

Pitre v. P.E.I. Law Soc. (2000), 191 Nfld. & P.E.I.R. 1 (PEICA);

    577 A.P.R. 1

MLB headnote and full text

Temp. Cite: [2000] Nfld. & P.E.I.R. TBEd. JL.001

Mabel Pitre and Peter Pitre (appellants) v. The Law Society of Prince Edward Island and Discipline Committee "B" of The Law Society of Prince Edward Island (respondents)

(AD-0790; 2000 PESCAD 21)

Indexed As: Pitre et al. v. Law Society of Prince Edward Island et al.

Prince Edward Island Supreme Court

Appeal Division

Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A.

July 11, 2000.

Summary:

The appellants complained to the Law Society of Prince Edward Island regarding the conduct of certain Law Society members. The complaint was dismissed. The dismissal was upheld by Discipline Committee B of the Law Society. The appellants applied for judicial review of the decision of Discipline Committee B.

The Prince Edward Island Supreme Court, Trial Division, in a decision reported at [1998] 1 P.E.I.R. 312; 165 Nfld. & P.E.I.R. 39; 509 A.P.R. 39, dismissed the application. The appellants appealed from the dismissal of the judicial review application. The re­spondents moved for an order for the appel­lants to provide security for costs of the appeal.

The Prince Edward Island Court of Appeal dismissed the motion in September 1998 (See [1998] Nfld. & P.E.I.R. Uned. 48; [1998] 2 P.E.I.R. 42). Nothing further was filed with the court until October 1999, when the respondents moved for an order that the appeal be dismissed for delay.

A Prothonotary dismissed the appellants' appeal for delay as the appellants had not served and filed the appeal book and factum. The appellants appealed the Prothonotary's order and also sought an extension of time to perfect the original appeal.

The Prince Edward Island Court of Appeal, in a decision reported at 187 Nfld. & P.E.I.R. 44; 566 A.P.R. 44, allowed the appeal, set aside the Prothonotary's order and granted the appellants 15 days to perfect the appeal.

The Prince Edward Island Court of Appeal heard and dismissed the appeal on the merits.

Administrative Law - Topic 5424

Judicial review - Certiorari - Appeals - Function or powers of an appeal court - The Prince Edward Island Court of Appeal referred to the role of the court on an appeal from a judicial review application - The court stated that "[i]n order to succeed on an appeal the appellants must establish that the judge appealed from erred in dismissing the application for judicial review on questions of law or erred in the assessment of the facts. This court will interfere on questions of law if a mistake has been made. It will not interfere on the assessment of the facts if the judge could reasonably have reached the conclusion he or she reached after a consideration of all the evidence he or she was required to consider" - See paragraph 14.

Cases Noticed:

Ayangma v. Prince Edward Island et al. (2000), 189 Nfld. & P.E.I.R. 286; 571 A.P.R. 286 (P.E.I.C.A.), refd to. [para. 6].

Kerlenmar Holdings Ltd. v. Matsqui (Dis­trict) et al. (1991), 1 B.C.A.C. 180; 1 W.A.C. 180; 47 C.P.C.(2d) 50 (C.A.), refd to. [para. 6].

Prince Edward Island Public Service Asso­ciation v. Holland College (1986), 60 Nfld. & P.E.I.R. 82; 181 A.P.R. 82 (P.E.I.C.A.), refd to. [para. 14].

Rollo Bay Holdings Ltd. v. Prince Edward Island Agricultural Development Corp., [1993] 2 P.E.I.R. 62; 113 Nfld. & P.E.I.R. 307; 353 A.P.R. 307 (C.A.), refd to. [para. 14].

APM Construction Inc. v. Construction and General Labourers' Union, Local 1077, et al., [1999] 1 P.E.I.R. 53; 170 Nfld. & P.E.I.R. 291; 522 A.P.R. 291 (C.A.), refd to. [para. 14].

Counsel:

Randy Pitre, for the appellants;

Benjamin Taylor, Q.C., and Sherri Gillis, for the respondents.

This appeal was heard on June 28, 2000, before Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A., of the Prince Edward Island Court of Appeal. The following judgment of the Court of Appeal was delivered by Car­ruthers, C.J.P.E.I., on July 11, 2000.