Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the President’s Designate on an Application for a Stay of Disciplinary Action

Sumandip Singh

Application date: April 22, 2021

Decision issued: October 26, 2021 (2021 LSBC 42)

President’s designate: Jamie Maclaren, QC

Counsel: Mandana Namazi for the Law Society; Joven Narwal for Sumandip Singh

BACKGROUND

A hearing panel ordered Sumandip Singh be suspended for a period of two years commencing April 1, 2021 or any such day as the parties agreed upon (2021 LSBC 12). The parties agreed the start date would be May 1, 2021. Singh then filed an application for a review of the disciplinary action decision and a further postponement of his suspension to June 1, 2021, which was granted by the panel.

This decision is on Singh’s application to the president’s designate for a stay of his suspension pending the review of the decision on disciplinary action.

DECISION

The president’s designate was satisfied that the review was neither vexatious nor frivolous given that it required a determination of whether the composition of the hearing panel violated principles of procedural fairness and whether the panel’s imposition of a suspension beyond the range argued by either party constituted an error in law. The president’s designate also found Singh would suffer irreparable harm if he served a lengthy suspension pending the review and that the balance of convenience favoured a stay of Singh’s suspension.

The president granted the stay of Singh’s suspension until the earliest occurrence of the following events:

  1. the review board issues its decision on the section 47 review;
  2. the president, the president’s designate or the review board makes a further order regarding the stay of suspension; or
  3. November 30, 2021.

2021 LSBC 42 Decision on an Application for a Stay