In Ball v Kingston Area Taxi Commission (Div Ct, 2011), six days prior notice of hearing was held inadequate for SPPA [SS: s.6(1)] purposes, particularly in light of the fact that the applicant was incarcerated at the time and had sent a layperson to speak to the matter.
. Law Society of Upper Canada v Igbinosun
In Law Society of Upper Canada v Igbinosun (Ont CA, 2009) the court upheld an earlier Divisional Court ruling that a Law Society Hearing Panel had breached natural justice by failing to grant the appellant an adjournment when he had retained new counsel and, when subsequently proceeding in his absence, by failing to provide him with adequate Notice of the potential sanctions he might face. The Court of Appeal held that, since the adjournment refusal was unreasonable, the SPPA s.6(3)(a) requirement that the Notice state the "purpose of the hearing" was not avoided by the SPPA s.7(1) default provision that excused notice where the party did not attend the hearing.
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