Regulation - LGIC
Changes to Panel Composition Requirements of the Law Society Tribunal
Regulation Number(s):
O.Reg. 167/07
Instrument Type:
Regulation - LGIC
Bill or Act:
Law Society Act
Summary of Proposal:
1. In certain proceedings before the Law Society Tribunal, an elected bencher lawyer is required to sit on the panel. It is proposed that this requirement be amended such that either an elected lawyer bencher or the Chair of the Tribunal are required to sit on those panels.
Where the matter before the Tribunal involves a lawyer member, the regulation requires one of the adjudicators on a three-member panel to be an elected lawyer bencher and, in the case of a five-member panel, three of the adjudicators must be elected lawyer benchers. Because the Chair of the Tribunal is not an elected lawyer bencher, the appointment of the Chair to a panel does not satisfy the regulatory requirement for an elected lawyer bencher. It is proposed that the regulation be amended to state that one of the adjudicators on a three-member panel must be an elected lawyer bencher or the Tribunal Chair (and similarly, for a five-member panel, that three members must be elected lawyer benchers, or two must be elected lawyer benchers and the third person, the Tribunal Chair).
2. A motion in a Hearing Division proceeding may be heard by a one-person panel, unless a three-person panel is required. It is proposed that the requirement for a three-person motion panel in certain circumstances be replaced by the authority of the Tribunal Chair to decide whether a one-person or three-person panel should be assigned in each matter.
Where a Hearing Division motion is assigned to a one-member panel, the sole panelist can (i) decide the motion, (ii) transfer the motion to a three-person panel or (iii) transfer the motion to the hearing panel. The amendment would enhance the efficiency of the tribunal by permitting the use of single-member panels, where deemed appropriate by the Chair. Motion decisions are subject to appellate review by the Appeal Division and then by the courts as well, where appropriate, through judicial review.
Where the matter before the Tribunal involves a lawyer member, the regulation requires one of the adjudicators on a three-member panel to be an elected lawyer bencher and, in the case of a five-member panel, three of the adjudicators must be elected lawyer benchers. Because the Chair of the Tribunal is not an elected lawyer bencher, the appointment of the Chair to a panel does not satisfy the regulatory requirement for an elected lawyer bencher. It is proposed that the regulation be amended to state that one of the adjudicators on a three-member panel must be an elected lawyer bencher or the Tribunal Chair (and similarly, for a five-member panel, that three members must be elected lawyer benchers, or two must be elected lawyer benchers and the third person, the Tribunal Chair).
2. A motion in a Hearing Division proceeding may be heard by a one-person panel, unless a three-person panel is required. It is proposed that the requirement for a three-person motion panel in certain circumstances be replaced by the authority of the Tribunal Chair to decide whether a one-person or three-person panel should be assigned in each matter.
Where a Hearing Division motion is assigned to a one-member panel, the sole panelist can (i) decide the motion, (ii) transfer the motion to a three-person panel or (iii) transfer the motion to the hearing panel. The amendment would enhance the efficiency of the tribunal by permitting the use of single-member panels, where deemed appropriate by the Chair. Motion decisions are subject to appellate review by the Appeal Division and then by the courts as well, where appropriate, through judicial review.
Analysis of Regulatory Impact:
There are no compliance costs associated with this proposal.
Further Information:
Proposal Number:
23-MAG001
Posting Date:
March 3, 2023
Comments Due Date:
March 17, 2023
Contact Address:
Policy Division, Ministry of the Attorney General
720 Bay Street, 3rd Floor
Toronto, ON
M7A 2S9
720 Bay Street, 3rd Floor
Toronto, ON
M7A 2S9