Tribunal Practice and Procedure - Law Assignment Help

Assignment Task

Object of the Assignment

In this assignment, you will examine the circumstances in which the Law Society Tribunal (LST) will allow a respondent to re-open its case and present additional evidence. You will identify the elements and sub-elements of the test the LST applies when considering a motion to re-open and apply the test to the fact scenario provided. You will analyse the strengths and weaknesses of the arguments in favour of re-opening a case in this contex

The Facts

The Law Society of Ontario (LSO) filed an application against Erin Hager alleging that she contravened s. 33 of the Law Society Act by engaging in professional misconduct. The LSO alleges that Erin failed to adequately communicate with her clients, and indeed ignored their attempts to contact her, between March 2021 and June 2021, contrary to section 3.2-1 of the Rules of Professional Conduct. The hearing of the matter concluded on August 4, 2021. The LST issued its decisionon August 17, 2021 and found Erin guilty of professional misconduct. However, the LST has not yet rendered its decision on the penalty.Erin filed a motion with the LST on December 10, 2021, asking the LST to re-open the hearing so that Erin can present additional evidence related to the allegation of misconduct and penalty. Erin has identified the following additional evidence that she wants to present.

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