Eye On Regulation

the case

The Alberta Court of Appeal recently provided guidance on how a disciplinary panel might consider a registrant's medical conditions or personal stress when imposing a sanction. The Court further expanded on this issue by noting how a registrant's medical evidence might be considered at both the merits and sanctioning stage.

In Beaver v Law Society of Alberta, 2024 ABCA 354, the appellant brought an appeal of both the merits decision and the sanction imposed on him under the Legal Professions Act. The appellant argued, among other grounds, that the hearing committee minimized and therefore failed to properly consider the evidence presented at the hearing stage with respect to the appellant's depression and alcoholism. The hearing committee's decision reflected that the committee had considered the presented medical evidence, but ultimately found this evidence of little weight. This was, in part, because it was not clear the opining professionals were