McCaffry v. The Law Society of Alberta

McCaffry v. The Law Society of Alberta

Rule 55, reasonably construed in light of the benchers' delegated rule‑making power under the Legal Profession Act, authorized the Chairman of the Discipline Committee to name an Investigating Committee; the appellant had full opportunity to present his defence and the Benchers properly adopted the Investigating Committee's report, so the striking off was valid and the appeal must be dismissed.

Citation
[1941] SCR 430
Parties
Appellant/plaintiff: James Alexander McCaffry; Respondent/defendant: The Law Society of Alberta
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1941
Procedural Posture
Appeal / Hearing on Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed
Legal Topics
Disciplinary Proceedings, Rules Interpretation, Delegation of Authority, Striking Off From Roll, Right of Appeal
Source Language
English
Professional Law Administrative Law Disciplinary Proceedings Rules Interpretation Delegation of Authority Striking Off From Roll Right of Appeal

Case Brief

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Parties

James Alexander McCaffry

Appellant/plaintiff

The Law Society of Alberta

Respondent/defendant

Procedural Posture

Appeal / Hearing on Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether Rule 55 authorized the Chairman of the Discipline Committee to name an Investigating Committee
  2. 2 Whether the appointment and report adoption by the Benchers was valid and rendered the striking off lawful
  3. 3 Whether appellant was denied procedural fairness

Ratio Decidendi

Rule 55, reasonably construed in light of the benchers' delegated rule‑making power under the Legal Profession Act, authorized the Chairman of the Discipline Committee to name an Investigating Committee; the appellant had full opportunity to present his defence and the Benchers properly adopted the Investigating Committee's report, so the striking off was valid and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to respondent if demanded