Complaints, Lawyer Discipline and Public Hearings

Summary of a decision of the president on an application to adjourn

Peter Darren Steven Hart

Called to the Bar: May 15, 1968

Written materials: August 10, 13 and 14, 2020

President: Craig Ferris, QC

Decision issued: August 21, 2020 (2020 LSBC 39)

Counsel: Mandana Namazi and Ilana Teicher for the Law Society; Peter Firestone for Peter Darren Steven Hart

APPLICATION TO ADJOURN

Hart applied to adjourn a citation hearing scheduled for September 14, 2020 and to hold the hearing in-person. The Law Society opposed the adjournment application and took no position on the application for an in-person hearing.

Hart submitted that his plan was to proceed with the hearing of this citation after the completion of a hearing of an earlier citation against him, but provided no submissions as to why this was required. He also complained about the volume of a notice to admit sent to him on July 28, 2020, though there is no allegation that the notice was delivered outside of the time limits specified in the Law Society Rules. The documents attached to the notice were previously delivered to Hart by letter dated August 2, 2019.

The president emphasized that the public interest requires an expeditious hearing, found no indication that issues raised by Hart would affect the fairness of the hearing and dismissed the application for adjournment

APPLICATION FOR IN-PERSON HEARING

The president also dismissed the application for an in-person hearing and stated the panel can revisit this issue during the hearing and order an in-person hearing if necessary. The president noted Hart did not provide specific reasons why this case in particular required an in-person hearing.

2020 LSBC 39 Decision on an Application to Adjourn