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Conflict of Interest - Lawyers. Yan v. Hutchinson
In Yan v. Hutchinson (Ont CA, 2023) the Court of Appeal considers whether a conflict exists when lawyers are involved "both as counsel to (SS: an RHPA) College and as prosecutors in the disciplinary proceedings":[31] Ms. Yan argues that a conflict of interest arises when lawyers act both as counsel to the College and as prosecutors in the disciplinary proceedings, as the lawyers of Steinecke Maciura LeBlanc did in this case. However, it is not unusual or improper for counsel to act both for a regulator and as prosecutors in that regulator’s disciplinary proceedings: Lysons v. Alberta Land Surveyors’ Association, 2017 ABCA 7, at paras. 8-9, leave to appeal refused, 2017 CarswellAlta 1296 (S.C.C.); DeMaria v. Law Society of Saskatchewan, 2015 SKCA 106, at para. 31, leave to appeal refused, [2015] S.C.C.A. No. 493. Similarly, it was not improper for the College’s counsel to act for the College before the Discipline Committee and in other hearings, such as before the Ontario Human Rights Commission or the Divisional Court appeal. Their appearance in the disciplinary proceeding, its appeal, and related litigation, is a normal part of their role as counsel for the College.
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