Court of Appeal

Decision Information

Decision Content

                                NOVA SCOTIA COURT OF APPEAL

Citation: Lienaux v. Nova Scotia Barristers’ Society, 2009 NSCA 11

 

Date: 20090128

Docket: CA 293547

Registry: Halifax

 

 

Between:

Charles D. Lienaux,

a Barrister and Solicitor of Halifax, Nova Scotia

Appellant

v.

 

The Nova Scotia Barristers’ Society

(the “Society”)

Respondent

 

                                                                                                                            

                                                             

                                                                                                                            

                                                             

JUDGE:                         MacDonald, C.J.N.S.

 

APPEAL HEARD:         November 18, 2008, in Halifax, Nova Scotia

 

SUBJECT:       Administrative Law, Professional Discipline, Standard of Review

 

SUMMARY:    The Nova Scotia Barristers’ Society disciplined one of its members for conduct unbecoming.  The member had made disparaging comments about the judiciary and a fellow lawyer.  The member appeals to this court asserting that the review Panel erred in law, exceeded its jurisdiction and otherwise reached unreasonable conclusions.

 

ISSUES:           1.  The appropriate standard of review.

2.  Did the Discipline Panel commit reversible error?

 


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RESULT:         1.  The appropriate standard for all issues under review is reasonableness.

 

2.  Appeal allowed in part.  Aside from one discrete aspect of the Panel’s disposition, its inclusions were reasonable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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