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ARTICLE · 22 JANUARY 2025

WeirFoulds Partners Reinstate Character Assessment Decision On Judicial Review

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In a decision addressing the application of the standard of review on internal administrative appeals, WeirFoulds Partners Ben Kates and Amy Block secured a favourable result for the Law...

CanadaLitigation, Mediation & Arbitration
Amy Block
Amy Block
Ben Kates
Ben Kates
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In a decision addressing the application of the standard of review on internal administrative appeals, WeirFoulds Partners Ben Kates and Amy Block secured a favourable result for the Law Society of Ontario (LSO) in Law Society of Ontario v. McLellan, 2024 ONSC 7204. The December 2024 ruling by the Divisional Court addressed the deference owing to the trier of fact in professional licensing decisions dealing with the good character of legal professionals.

The case centered on a licensing application from a previously disbarred lawyer who also had multiple fraud convictions. Initially, the Law Society Tribunal Hearing Division had dismissed the application, finding that the applicant failed to meet the good character requirement essential for legal licensing in Ontario. A subsequent internal appeal decision by the Law Society Tribunal Appeal Decision overturned the decision at first instance and ordered a new hearing. Among other things, the Appeal Panel held that

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