TRIBUNALS, HEARINGS AND APPEALS

Navigating Tribunals, Hearings And Appeals In Professional Discipline

Regulated industries have their own independent governing bodies, separate from governmental authorities. Each one has its own rules, standards and adjudicative procedures. When official complaints are brought against a licensed professional, the accused individual faces numerous challenges and complexities peculiar to the relevant disciplinary board.

Neuberger & Partners LLP is a Toronto-based law firm with a solid reputation for success* in professional discipline cases. Whether you are currently facing an investigation by your licensing body or suspect that you might, we can help you navigate the process and pursue an optimal outcome.

Experience Within A Wide Range Of Licensing Boards

Our lawyers have conducted hundreds of tribunals, hearings and appeals for a wide variety of professionals in the law, the financial sector, healthcare and medical field and other regulated industries.

Although professional discipline originates with a licensing body, investigations and proceedings often function similar to those of a court environment. Our lawyers have fought defence cases in both the criminal court and administrative tribunal contexts. We also have extensive experience with a range of governing boards, such as:

  • Ontario College of Physicians and Surgeons Discipline Decisions
  • College of Nurses of Ontario Discipline Committee
  • Health Professions Appeal and Review Board
  • Law Society of Upper Canada Discipline Committee/Convocation
  • Ontario College of Pharmacists Discipline Committee
  • Ontario College of Teachers Discipline Decisions
  • Ontario Institute of Chartered Accountants Discipline Decisions

Legal Guidance Tailored To The Regulatory Environment

After years of practice defending clients through investigations and disciplinary proceedings, we have gained familiarity with each body’s processes and function. At the outset of an investigation, we can guide you on such important matters as:

  • Valid/invalid grounds for formal complaints
  • Applicable standards, codes and legislation
  • Limits to your licensing board’s powers to investigate
  • Extent of your duty to cooperate and disclose information
  • Proper response to an allegation of misconduct

As your case progresses, we will carefully assemble a defence designed to effectively navigate you through the process, including:

  • Compliance with internal procedures, practices and requirements
  • Gathering facts and evidence
  • Argumentation based on factors that hearing officers are likely to consider
  • Establishing/assessing credibility and gaining expert testimony
  • Preparing witnesses for examination and cross-examination
  • Researching relevant past cases and prior decisions
  • Holding the governing body to their responsibility to act with fairness and neutrality

If you received an unfavourable outcome from a governing body, you have the right to appeal. Our lawyers can step in, take on your case and help you pursue an appeal through the body’s internal processes.

Targeted Outcomes To Manage Risk

Our lawyers have built an excellent reputation with judges, adjudicators and hearing officers. We are known for using thorough and comprehensive case preparation. We also leverage our skill as negotiators to work collaboratively with governing bodies for an early and informal resolution whenever possible.

We aim to help you minimize sanctions and career-ending impacts — if not to eliminate them altogether.

Reach Out For Professional Representation

With a career and livelihood potentially at stake, seeking early intervention by a legal professional is prudent. Our lawyers are ready to meet with you to discuss your case and provide you with options. Arrange a consultation by calling 416-364-3111 or use our online form to email us.

Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.

CONTACT INFORMATION

1392 Eglinton Avenue West
Toronto, ON M6C 2E4
Fax (416) 364-3271

COVID-19 UPDATE

On behalf of Neuberger & Partners LLP posted in COVID-19 on Tuesday March 17, 2020.

At Neuberger and Partners, we are monitoring the COVID-19 situation and have implemented safety measures to ensure the safety of our clients and staff. Our priority is and always will be the health, well-being and safety of our staff, clients and colleagues.

We have put in place various measures to prevent and minimize the impact of COVID-19:

  • In addition to standard hand-washing habits, our staff are washing hands before and after every client interaction;
  • All individuals entering our office will be required to use our hand sanitizer to ensure the safety of our other clients and staff;
  • Regular disinfecting of our offices, public areas, meeting rooms and board rooms as well as increasing the frequency of disinfection of higher-traffic surface areas;
  • If a lawyer or client who has a scheduled meeting is feeling unwell, they will be strongly encouraged to stay home;
  • For the time being, we will avoid greeting clients and colleagues with our usual handshakes;
  • We will make every effort to ensure our firm will be stocked up with extra tissue and alcohol-based hand sanitizer; and
  • We will monitor and stay informed from the Government of Canada and World Health Organization for facts as they become available. We will ensure all staff and team members are educated on symptoms and are well informed on prevention and best practices.

Frequently Asked Questions:

Will the firm still run if there are closures?

  • We are committed to assisting our clients. We remain open to assist our clients at this time (following aforementioned standards for health and safety). For clients who wish to communicate with our firm virtually, we have the technology for virtual meetings and are able to respond to the needs of our clients in a manner best to protect our staff and clients’ health.

Are staff and lawyers set up to work virtually?

  • All lawyers and staff are set up to work virtually and continue to assist clients and one another remotely. All lawyers are available via telephone, email and virtual video conferencing.

What is the court situation? How will we deal with court closures?

  • At this time, the Superior Court of Justice is closed from March 17, 2020 to June 1, 2020 – unless a judge orders otherwise.
    If you have a March matter, your matter will be postponed to June 2, 2020.
    April matters will be postponed to June 3, 2020 and May matters will be pushed to June 4, 2020.
  • Similarly, the Ontario Court of Justice will be closed for 10 weeks for all out of custody matters in criminal practice court. In custody matters will still be addressed. It is unclear if out of custody matters such as trials or preliminary hearings will continue since the courts have left this decision to the discretion of the judges. However, Bail courts will remain open for the time being.
  • The Court of Appeal for Ontario has suspended all scheduled appeals until April 3, 2020. But we are still able to file materials and apply for urgent appeals to be heard.
  • We will advise clients by email of their next Court date.

How can payments be made?

  • Payments can be made via e-transfer and visa payments can be made over the phone.

If I have to deliver something to my lawyer, how shall I go about it?

  • For clients who wish to drop off documents but do not wish to come in contact with any one at the firm, you are encouraged to drop them off in our mail slot in front of our office.

We will be open and available for any questions, comments or concerns. Please call (416) 364-3111 for any further information.

Stay safe and healthy,

Joseph Neuberger