Dioguardi Tax Law v. The Law Society of Upper Canada

2016 ONCA 531 (CanLII)Court of Appeal for OntarioDecided

Law Society Investigation: Premature Judicial Intervention

Summary

An appeal by a law firm against a decision regarding the Law Society of Upper Canada's investigation into professional responsibility and solicitor-client privilege. The Court of Appeal dismissed the appeal as premature, holding that the law firm must exhaust administrative processes before seeking judicial intervention or constitutional challenges under the Charter.

Outcome

appeal dismissed

Award

Costs awarded against the law firm and its lawyers at trial level affirmed; application for leave to appeal costs rejected.

Key Factors

  • professional responsibility
  • solicitor-client privilege
  • prematurity
  • exhaustion of administrative remedies
  • judicial intervention

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.