Sunday, September 9, 2018

Stay (Just A Little Bit Longer)

The Law Society of Upper Canada Appeal Division declined to stay sanction imposed on a paralegal pending appeal

This is a motion by Roland Spiegel for a stay of the order revoking his P1 licence pending appeal of the Hearing Panel’s Decision on Finding dated September 15, 2017 (2017 ONLSTH 188 (CanLII)). The Hearing Panel found that Mr. Spiegel had engaged in multiple particulars of professional misconduct, including breaches of the duty to be honest. 

The motion for a stay of the revocation order is dismissed...

The division concluded that he failed to raise a "serious issue" 

Mr. Spiegel vehemently insists that he has committed no misconduct whatsoever. Despite this, based on his submissions, it is difficult to discern a serious or arguable issue raised by this appeal.

He raised 21 appeal grounds to no avail in obtaining a stay

  With respect to the alleged errors of fact and respecting the credibility of witnesses, the reasons of the Hearing Panel demonstrate that it was alive to Mr. Spiegel’s position and that it carefully considered the evidence and the defenses raised by Mr. Spiegel. The Hearing Panel committed no obvious errors in this regard.

No irreparable harm

Mr. Spiegel’s inability to work in his chosen field does not give rise to irreparable harm as it can be cured if he is ultimately successful in his appeal.

Thus

 the interests of justice do not justify granting a stay and therefore the motion is dismissed. 

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2018/09/the-law-society-of-upper-canada-mrspiegel-vehemently-insists-that-he-has-committed-no-misconduct-whatsoever-despite-this.html

Bar Discipline & Process | Permalink

Comments

Post a comment