A panel of Ontario Court of Appeal judges has allowed the appeal of a lawyer who amended his claim that the Law Society of Ontario’s disciplinary process amounted to wrongful abuse of power.
The case will now proceed in Superior Court, says Richard Watson, who represented the appellant, lawyer Paul Robson, on the part of the appeal related to malicious prosecution and the question of what constituted malice.
“In the appellant’s oral submissions on this appeal, but not in his pleadings, he said that he is a thorn in the side of the Law Society and someone the Law Society wishes to silence,” said the Nov. 23 Court of Appeal decision, Robson v. The Law Society of Upper Canada, 2018 ONCA 944, written by Associate Chief Justice Alexandra Hoy with justices Kathryn Feldman and David Paciocco concurring. “The facts pled, if true, support the inference of an improper purpose. If true, they may also point to a deliberate and dishonest wrongful abuse of the powers given to a public officer.”