Determining Quorum + Retaining Jurisdiction In Disciplinary Proceedings

In Jhanji v The Law Society of Manitoba, the Manitoba Court of Appeal discussed quorum for professional discipline tribunals – or how many tribunal members are required for the tribunal to hold a hearing - when quorum has not been otherwise defined.

In this case, two lawyers and one public member were appointed to a discipline tribunal to hear allegations of incompetent practice against Jhanji under the Rules of the Law Society of Manitoba.

The tribunal heard evidence and issued a decision finding Jhanji incompetent to practice law. However, before the tribunal considered the appropriate penalty, one of the tribunal members was appointed as a judge and was unable to continue.