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TAB 14

Report to ConvocationFebruary 22, 2016

Tribunal Committee

Committee MembersBarbara Murchie (Chair)

Peter Wardle (Vice-Chair)Raj Anand

Larry BanackMarion Boyd

Jack BraithwaiteChristopher Bredt

Robert BurdLee Ferrier

Rocco GalatiIsfahan Merali

Baljit Sikand

Purpose of Report: Decision and Information

Prepared by the Policy Secretariat(Darcy Belisle 416-947-3989)

Convocation - Tribunal Committee Report

497

TABLE OF CONTENTS

Decision

In Camera Item TAB 14.1

Information

Tribunal Statistics Review (Q3 and Q4, 2016) TAB 14.2

Q3 2016 Statistics Report TAB 14.2.1

Q4 2016 Statistics Report TAB 14.2.2


498

COMMITTEE PROCESS

1. The Committee met on February 9, 2017. Committee members in attendance included Barbara Murchie (Chair), Raj Anand, Larry Banack, Peter Beach, Christopher Bredt, Robert Burd (by teleconference), Paul Cooper, Janis Criger Isfahan Merali and Peter Wardle. CEO Rob Lapper also attended a portion of the meeting. Tribunal Chair David Wright and Tribunal staff members Joe Zaffino and Samantha Gomez attended a portion of the meeting. Law Society Staff in attendance included Jennifer Khor and Darcy Belisle.


499

TAB 14.2

FOR INFORMATION

TRIBUNAL 2016 THIRD AND FOURTH QUARTER STATISTICS

8. The Tribunal’s quarterly reports for the third and fourth quarters of 2016 are set out at TAB 14.2.1: Q3 2016 Statistics Report and TAB 14.2.2: Q4 2016 Statistics Report for information.

9. Ongoing collection and reporting of Tribunal operational statistics assist the Tribunal to monitor issues, needs and implementation of the new model and enable the Committee and Convocation to track certain processes and statistics. The format of statistics gathered will be adjusted when the Tribunal's new case management system is fully implemented.


507

TAB 14.2.1

2016 LAW SOCIETY TRIBUNAL STATISTICS

Third Quarter Report: July 1, 2016 to September 30, 2016


508

2

Files Opened .......................................................................................................................................... 3

Files Closed ........................................................................................................................................... 4

Open Files at the End of Each Quarter.................................................................................................. 6

Summary Files Opened and Closed ...................................................................................................... 8

Open Summary Files at End of Quarter ................................................................................................ 8

Number of Lawyers and Paralegals Before the Tribunal....................................................................... 9

Number of Files and Frequency Before the Tribunal .......................................................................... 10

Total Hearings Scheduled and Vacated .............................................................................................. 11

Reasons for Vacated Hearings ............................................................................................................ 12

Calendar Days Scheduled and Vacated .............................................................................................. 13

Reasons For and Number of Resulting Vacated Calendar Days ........................................................ 14

Parties’ Adjournment Requests ........................................................................................................... 15

Parties’ Position on Adjournment Requests ........................................................................................ 16

Lawyer Matters ................................................................................................................................. 16

Paralegal Matters ............................................................................................................................. 16

Tribunal Reasons Produced and Published ........................................................................................ 17


509

3

Files Opened The Tribunal opens a file when it is issued upon the filing of an originating process that has been

served on the parties. An originating process includes a notice of application, referral for hearing,

motion for interlocutory suspension or practice restriction, and appeal.

Files related to the same lawyer or paralegal that are heard concurrently are counted as separate

files.

NOTE – In all tables in this document, numbers in parentheses are 2015 figures.

Table 1 Number of lawyer and paralegal files opened in the Hearing and Appeal Divisions for each quarter.

Q1 Q2 Q3 Q4 Cumulative

Total Files 44 (42) 54 (37) 32 (30) 130 (109)

Lawyer 37 43 27 107

Paralegal 7 11 5 23

Hearing Files 41 (36) 50 (34) 31 (29) 122 (99)

Lawyer 34 39 26 99

Paralegal 7 11 5 23

Appeal Files 3 (6) 4 (3) 1 (1) 8 (10)

Lawyer 3 4 1 8

Paralegal 0 0 0 0


510

4

Files Closed The Tribunal closes a file after the final decision and order, and reasons if any, have been delivered

or published. A file that is closed in a quarter may have been opened in that same quarter or any

time prior.

Table 2 Number of lawyer and paralegal files closed in the Hearing and Appeal Divisions for each quarter.


Total Files 65 (51) 38 (38) 33 (34) 136 (123)

Lawyer 52 32 28 112

Paralegal 13 6 5 24

Hearing Files 63 (45) 34 (34) 32 (29) 129 (108)

Lawyer 50 29 27 106

Paralegal 13 5 5 23

Appeal Files 2 (6) 4 (4) 1 (5) 7 (15)

Lawyer 2 3 1 6

Paralegal 0 1 0 1


511

5

Figure 1 Number and age of files closed in each file type.

11

8 10

3

1

5

3 1

0

2

4

6

8

10

12

14

0 to 6 7 to 12 13 to 18 19 to 24 Over 24

Nu

mb

er

of

File

s

Age in Months

Age of Closed Files by File Type at End of Quarter

Appeal - 1 Capacity - 1 Conduct - 27 Interlocutory Suspension - 3 Licensing - 1


512

6

Open Files at the End of Each Quarter Table 3 Number of lawyer and paralegal files that were open at the end of each quarter.

Q1 Q2 Q3 Q4

Total Files 142 (145) 163 (145) 160 (141)

Lawyer 118 134 134

Paralegal 24 29 26

Hearing Files 125 (127) 146 (126) 147 (128)

Lawyer 104 119 121

Paralegal 21 27 26

Appeal Files 17 (18) 17 (19) 13 (13)

Lawyer 14 15 13

Paralegal 3 2 0


513

7

Figure 2 Number and age of open files in each file type.

1

8

5

1 2

1

4

33

19

47

19

7

17

2

8

1

3

3

3

1

1

1

0

10

20

30

40

50

60

70

80

0 to 6 7 to 12 13 to 18 19 to 24 Over 24

Nu

mb

er

of

File

s

Age in Months

Age of Open Files by File Type at End of Quarter

Appeal - 17 Capacity - 11Conduct - 109 Licensing - 11Interlocutory suspension - 10 Reinstatement - 2


514

8

Summary Files Opened and Closed A summary file is a proceeding that is first returnable to a hearing panel and bypasses the PMC in

accordance with s.2(1) of O. Reg. 167/07. These files are typically heard by a single adjudicator.

This data is a subset of the information in Table 1 and Table 2.

Table 4 Number of lawyer and paralegal summary files that were opened and closed in each quarter.


Total Summary Files Opened

10 (10) 13 (10) 3 (7) 26 (27)

Lawyer 8 12 3 23

Paralegal 2 1 0 3

Total Summary Files Closed

16 (9) 14 (11) 9 (8) 39 (28)

Lawyer 11 13 8 32

Paralegal 5 1 1 7

Open Summary Files at End of Quarter Table 5 Number of lawyer and paralegal summary files that were open at the end of each quarter.

Q1 Q2 Q3 Q4

Total Summary Files 13 (18) 13 (18) 8 (17)

Lawyer 12 12 8

Paralegal 1 1 0


515

9

Number of Lawyers and Paralegals Before the Tribunal Table 6 Number of lawyers and paralegals before the Tribunal at various proceeding stages.

Stage Q1 Q2 Q3 Q4 Yearly Total

Proceeding Management Conference (PMC)

58 (48) 52 (52) 61 (41) 124 (103)

Lawyers 49 37 47 102

Paralegals 9 15 14 22

Hearing 43 (40) 50 (47) 35 (47) 107 (104)

Lawyers 31 45 31 86

Paralegals 12 5 4 21

Appeal Management Conference (AMC)

6 (5) 6 (3) 4 (3) 12 (9)

Lawyers 4 6 4 10

Paralegals 2 0 0 2

Appeal 3 (6) 5 (4) 4 (1) 12 (9)

Lawyers 3 3 4 10

Paralegals 0 2 0 2


516

10

Number of Files and Frequency Before the Tribunal Files heard on more than one occasion by the Tribunal within a quarter are counted each time the

file proceeds before the Tribunal.

Table 7 Number of files before the Tribunal and number of times files were considered by the Tribunal.

Stage Q1

Files

Q1

Times Considered

Q2

Files

Q2

Times Considered

Q3

Files

Q3

Times Considered

Q4

Files

Q4

Times Considered

Total Files

Total Times

Considered

PMC 64

(50)

96

(73)

55

(58)

72

(97)

60

(44)

84

(62)

139

(113)

252

(232)

Lawyer 53 77 39 52 47 61 113 190

Paralegal 11 19 16 20 13 23 26 62

Hearing 51

(46)

57

(61)

56

(55)

68

(77)

38

(55)

50

(70)

124

(121)

175

(208)

Lawyer 39 44 50 62 34 46 102 152

Paralegal 12 13 6 6 4 4 22 23

AMC 6

(5)

10

(6)

6

(4)

11

(4)

4

(3)

4

(4)

12

(9)

25

(14)

Lawyer 4 8 6 11 4 4 10 23

Paralegal 2 2 0 0 0 0 2 2

Appeal 3

(6)

4

(7)

5

(4)

5

(4)

4

(1)

5

(1)

12

(9)

14

(12)

Lawyer 3 4 3 3 4 5 10 12

Paralegal 0 0 2 2 0 0 2 2


517

11

Total Hearings Scheduled and Vacated The number of hearings scheduled in each quarter is listed below. Files scheduled on more than one

occasion within a quarter are counted each time the file is scheduled. A hearing is counted as

scheduled when the date the hearing is to proceed falls within the quarter. A hearing is counted as

vacated when it does not proceed on the scheduled date. A multi-day hearing is partially vacated if it

proceeded on only some of the scheduled days. Reasons for vacated hearings are noted in Table 9.

The number of hearing calendar days is noted in Table 11.

Table 8 Total hearings scheduled and vacated per quarter.


Number of hearings scheduled1

86

(75)

81

(86)

67

(71)

234

(232)

Lawyer 69 73 59 201

Paralegal 17 8 8 33

Number of hearings completely vacated

25

(21)

19

(21)

14

(9)

58

(51)

Percentage of hearings completely vacated

29%

(28%)

23%

(24%)

21%

(13%)

25%

(22%)

Lawyer 23 17 11 51

Paralegal 2 2 3 7

Number of hearings partially vacated

4

(14)

13

(9)

7

(7)

24

(30)

Percentage of hearings partially vacated

5%

(19%)

16%

(10%)

10%

(10%)

10%

(13%)

Lawyer 2 12 6 20

Paralegal 2 1 1 4

Number of appeal hearings scheduled2

8

(11)

7

(5)

5

(1)

20

(17)

Lawyer 7 5 5 17

Paralegal 1 2 0 3

Number of appeal hearings completely vacated

2

(3)

1

(1)

0

(0)

3

(4)

Percentage of appeal hearings completely vacated

25%

(27%)

14%

(20%)

0%

(0%)

15%

(24%)

Lawyer 2 1 0 3

Paralegal 0 0 0 0

1 This includes PMC motion hearings. 2 This includes AMC motion hearings.


518

12

Reasons for Vacated Hearings A hearing may be vacated for more than one reason. These tables show the number of times each

reason resulted in a vacated hearing. In these tables, L represents lawyers and P represents

paralegals.

Table 9 Reasons hearings were vacated per quarter.

Reasons Hearings Were Vacated Q1 (L)

Q1 (P)

Q2 (L)

Q2 (P)

Q3 (L)

Q3 (P)

Q4 (L)

Q4 (P)

Agreed Statement of Facts (ASF) concluded / expected

1 2

Evidence / Disclosure 1 1 2

Matter abandoned 2 1

Matter finished 2

Matter proceeded in writing instead 1

Matter returned to PAC 1

Matter returned to PHC / PMC 1

Matter stayed 2

Motion heard instead 1 1

New representative / counsel unprepared 3 3 3 2

Panel ill / unavailable 1 1

Party / representative / witness ill or unavailable 5 8 2 5

Party / representative unprepared 6 1

Party subject of other proceeding 1 1

Table 10 Reasons that portions of hearings were vacated per quarter.

Reasons Portions Of Hearings Were Vacated Q1 (L)

Q1 (P)

Q2 (L)

Q2 (P)

Q3 (L)

Q3 (P)

Q4 (L)

Q4 (P)

ASF concluded / expected 1 6 1 1

Hearing completed ahead of time estimated 1 5 4

Panel ill / unavailable 1

Party / representative / key witness unavailable / ill 1 1 1

Submissions to be made 1


519

13

Calendar Days Scheduled and Vacated The number of hearing calendar days scheduled is listed below. Multiple hearings are often

scheduled on each calendar day. A vacated calendar day is a day on which no scheduled hearings

or appearances before the PMC or AMC proceeded. The day an adjournment request is heard is not

counted as a vacated calendar day. For example, if a request to adjourn a three-day hearing was

granted on the first day, only the remaining days are counted as vacated. Or, if one hearing was

vacated, but other hearings proceeded on the same day, that day is not counted as vacated. Some

hearings and appeals were heard on the same calendar day.

Reasons for vacated calendar days are noted in Table 12.

Table 11 Number of calendar days that were scheduled and vacated in the Hearing and Appeal Divisions


Number of available calendar days

62 (62) 63 (63) 64 (63) 189 (188)

Number of Hearing Division calendar days scheduled

51 (59) 57 (61) 52 (54) 160

(174)

Number of Hearing Division calendar days vacated

5 (5)

5 (2) 6 (4) 16 (11)

Percentage of Hearing Division calendar days vacated

10% (9%) 9% (3%) 12% (7%)

10% (6%)

Number of Appeal Division calendar days scheduled

12 (13) 7 (6) 5 (5) 24 (24)

Number of Appeal Division calendar days vacated

1 (3) 1 (2) 0 (0) 2 (5)

Percentage of Appeal Division calendar days vacated

8% (23%) 14% (33%) 0% (0%) 8% (21%)


520

14

Reasons For and Number of Resulting Vacated Calendar Days The first figure in each quarter’s column represents the number of times a panel accepted this

reason. The second figure represents the number of resulting vacated calendar days. The number of

calendar days vacated shown on this page may be greater than the calendar days vacated as

reported in Table 11 because more than one matter may have been scheduled to be heard on the

same day and all were vacated; so one calendar day may have been vacated for more than one

reason and for more than one matter.

Table 12 Reasons and the number of times each was accepted and resulted in vacated calendar days.

Reasons For Vacated Calendar Days Q1 Q2 Q3 Q4

ASF concluded / expected 3-3 4-4 1-1

Counsel unprepared 3-3 1-1

New representative 2-2 1-1 2-3

Cross-examination of witness rescheduled 1-1

Panel ill / unavailable 2-2

Party or representative unavailable / ill 1-1 1-2

Hearing completed ahead of time estimated 1-1

Matter proceeded to PHC instead 1-1


521

15

Parties’ Adjournment Requests The following table lists the number of adjournment requests made to the Law Society Tribunal in

each quarter. Adjournment requests reported below may relate to matters scheduled to be heard

during this quarter or in a subsequent quarter. In this table, L represents lawyers and P represents

paralegals.

Table 13 Number of adjournment requests granted and denied per quarter by the Hearing and Appeal Divisions

Adjournment Requests

Q1 (L) Q1 (P) Q2 (L) Q2 (P) Q3 (L) Q3 (P) Q4 (L) Q4 (P) Cumulative

Granted by PMC

8 (9) 1 (0) 1 (7) 2 (0) 2 (2) 1 (1) 15 (18)

Denied by PMC 3 (0) 0 (0) 1 (3) 0 (0) 0 (1) 0 (0) 4 (4)

Granted by Hearing Division

4 (10) 0 (3) 11 (10) 0 (0) 6 (5) 1 (1) 22 (29)

Denied by Hearing Division

1 (0) 0 (1) 3 (1) 1 (0) 1 (2) 1 (1) 7 (5)

Granted by AMC

0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)

Denied by AMC 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)

Granted by Appeal Division

0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)

Denied by Appeal Division

0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)


522

16

Parties’ Position on Adjournment Requests

Lawyer Matters Table 14 Parties position on adjournment requests in lawyer matters for Q1.

Adjournment Requests On Consent Opposed Unopposed Total

Granted by PMC 1 1 2

Denied by PMC

Granted by the Hearing Division 2 2 4 8

Denied by the Hearing Division 1 1

Paralegal Matters Table 15 Parties position on adjournment requests in paralegal matters for Q1.


Granted by PMC 1 1

Denied by PMC

Granted by the Hearing Division



523

17

Tribunal Reasons Produced and Published The number of reasons produced does not equal the number of reasons published because some

reasons produced in a quarter may not be published or will be published in a subsequent quarter.

Table 16 Number of oral and written reasons produced and published per quarter.


Number of written reasons produced

41 (42) 42 (36) 28 (31) 111 (109)

Lawyer 34 34 27 95

Paralegal 7 8 1 16

Number of written reasons published

41 (47) 42 (41) 28 (29) 111 (117)

Lawyer 34 34 27 95

Paralegal 7 8 1 16

Number of oral reasons produced

15 (13) 13 (22) 15 (19) 43 (54)

Lawyer 11 11 13 35

Paralegal 4 2 2 8

Number of oral reasons published

15 (10) 10 (8) 8 (12) 33 (30)

Lawyer 9 9 6 24

Paralegal 6 1 2 9


524

TAB 14.2.2

2016 LAW SOCIETY TRIBUNAL STATISTICS

Fourth Quarter Report: October 1, 2016 to December 31, 2016


525

2

Files Opened .......................................................................................................................................... 3

Files Closed ........................................................................................................................................... 4

Open Files at the End of Each Quarter.................................................................................................. 7

Summary Files Opened and Closed ...................................................................................................... 9

Open Summary Files at End of Quarter ................................................................................................ 9

Number of Lawyers and Paralegals Before the Tribunal..................................................................... 10

Number of Files and Frequency Before the Tribunal .......................................................................... 11

Total Hearings Scheduled and Vacated .............................................................................................. 12

Reasons for Vacated Hearings ............................................................................................................ 13

Calendar Days Scheduled and Vacated .............................................................................................. 14

Reasons For and Number of Resulting Vacated Calendar Days ........................................................ 15

Parties’ Adjournment Requests ........................................................................................................... 16

Parties’ Position on Adjournment Requests ........................................................................................ 17

Lawyer Matters ................................................................................................................................. 17

Paralegal Matters ............................................................................................................................. 17

Tribunal Reasons Produced and Published ........................................................................................ 18


526

3

Files Opened The Tribunal opens a file when it is issued upon the filing of an originating process that has been

served on the parties. An originating process includes a notice of application, referral for hearing,

motion for interlocutory suspension or practice restriction, and appeal.

Files related to the same lawyer or paralegal that are heard concurrently are counted as separate

files.

NOTE – In all tables in this document, numbers in parentheses are 2015 figures.

Table 1 Number of lawyer and paralegal files opened in the Hearing and Appeal Divisions for each quarter.


Total Files 44 (42) 54 (37) 32 (30) 51 (49) 181 (158)

Lawyer 37 43 27 38 145

Paralegal 7 11 5 13 36

Hearing Files 41 (36) 50 (34) 31 (29) 47 (43) 169 (142)

Lawyer 34 39 26 34 133


Appeal Files 3 (6) 4 (3) 1 (1) 4 (6) 12 (16)

Lawyer 3 4 1 4 12

Paralegal 0 0 0 0 0


527

4

Files Closed The Tribunal closes a file after the final decision and order, and reasons if any, have been delivered

or published. A file that is closed in a quarter may have been opened in that same quarter or any

time prior.

Table 2 Number of lawyer and paralegal files closed in the Hearing and Appeal Divisions for each quarter.


Total Files 65 (51) 38 (38) 33 (34) 33 (37) 169 (160)

Lawyer 52 32 28 24 136


Hearing Files 63 (45) 34 (34) 32 (29) 28 (34) 157 (142)

Lawyer 50 29 27 21 127


Appeal Files 2 (6) 4 (4) 1 (5) 5 (3) 12 (18)

Lawyer 2 3 1 3 9

Paralegal 0 1 0 2 3


528

5

Figure 1 Number and age of files closed in each file type.

3

1 11

1

2

9

3

1

1

7

2

1

0

2

4

6

8

10

12

14

16

0 to 6 7 to 12 13 to 18 19 to 24 Over 24

Nu

mb

er

of

File

s

Age in Months

Age of Closed Files by File Type at End of Quarter

Appeal - 5 Capacity - 2

Conduct - 16 Interlocutory Suspension - 9

Licensing - 1


529

6


530

7

Open Files at the End of Each Quarter Table 3 Number of lawyer and paralegal files that were open at the end of each quarter.

Q1 Q2 Q3 Q4

Total Files 142 (145) 163 (145) 160 (141) 176 (153)

Lawyer 118 134 134 146

Paralegal 24 29 26 34

Hearing Files 125 (127) 146 (126) 147 (128) 162 (137)

Lawyer 104 119 121 128

Paralegal 21 27 26 34

Appeal Files 17 (18) 17 (19) 13 (13) 16 (16)

Lawyer 14 15 13 16

Paralegal 3 2 0 0


531

8

Figure 2 Number and age of open files in each file type.

5 5 42

1 3

33

45

38

16

6

16

4

7

1

8

3

1 1

1

1

2

0

10

20

30

40

50

60

70

0 to 6 7 to 12 13 to 18 19 to 24 Over 24

Nu

mb

er

of

File

s

Age in Months

Age of Open Files by File Type at End of Quarter

Working with or employing unauthorized persons - 2

Reinstatement - 2

Interlocutory suspension - 13

Licensing - 12

Conduct - 121

Capacity - 10

Appeal - 16


532

9

Summary Files Opened and Closed A summary file is a proceeding that is first returnable to a hearing panel and bypasses the PMC in

accordance with s.2(1) of O. Reg. 167/07. These files are typically heard by a single adjudicator.

This data is a subset of the information in Table 1 and Table 2.

Table 4 Number of lawyer and paralegal summary files that were opened and closed in each quarter.


Total Summary Files Opened

10 (10) 13 (10) 3 (7) 14 (13) 40 (40)

Lawyer 8 12 3 10 33

Paralegal 2 1 0 4 7

Total Summary Files Closed

16 (9) 14 (11) 9 (8) 3 (9) 42 (37)

Lawyer 11 13 8 2 34

Paralegal 5 1 1 1 8

Open Summary Files at End of Quarter Table 5 Number of lawyer and paralegal summary files that were open at the end of each quarter.

Q1 Q2 Q3 Q4

Total Summary Files 13 (18) 13 (18) 8 (17) 20 (21)

Lawyer 12 12 8 16

Paralegal 1 1 0 4


533

10

Number of Lawyers and Paralegals Before the Tribunal Table 6 Number of lawyers and paralegals before the Tribunal at various proceeding stages.

Stage Q1 Q2 Q3 Q4 Yearly Total

Proceeding Management Conference (PMC)

58 (48) 52 (52) 61 (41) 60 (43) 157 (122)

Lawyers 49 37 47 49 127

Paralegals 9 15 14 11 30

Hearing 43 (40) 50 (47) 35 (47) 55 (54) 147 (137)

Lawyers 31 45 31 38 112


Appeal Management Conference (AMC)

6 (5) 6 (3) 4 (3) 4 (4) 14 (12)

Lawyers 4 6 4 4 12


Appeal 3 (6) 5 (4) 4 (1) 2 (4) 14 (12)

Lawyers 3 3 4 2 12



534

11

Number of Files and Frequency Before the Tribunal Files heard on more than one occasion by the Tribunal within a quarter are counted each time the

file proceeds before the Tribunal.

Table 7 Number of files before the Tribunal and number of times files were considered by the Tribunal.

Stage Q1

Files

Q1

Times Considered

Q2

Files

Q2

Times Considered

Q3

Files

Q3

Times Considered

Q4

Files

Q4

Times Considered

Total Files

Total Times

Considered

PMC 64

(50)

96

(73)

55

(58)

72

(97)

60

(44)

84

(62)

63

(46)

92

(66)

176

(137)

344

(298)

Lawyer 53 77 39 52 47 61 51 73 141 263

Paralegal 11 19 16 20 13 23 12 19 35 81

Hearing 51

(46)

57

(61)

56

(55)

68

(77)

38

(55)

50

(70)

61

(57)

77

(74)

174

(158)

252

(282)

Lawyer 39 44 50 62 34 46 41 57 133 209

Paralegal 12 13 6 6 4 4 20 20 41 43

AMC 6

(5)

10

(6)

6

(4)

11

(4)

4

(3)

4

(4)

4

(4)

10

(6)

14

(12)

35

(20)

Lawyer 4 8 6 11 4 4 4 10 12 33

Paralegal 2 2 0 0 0 0 0 0 2 2

Appeal 3

(6)

4

(7)

5

(4)

5

(4)

4

(1)

5

(1)

2

(4)

2

(4)

14

(12)

16

(16)

Lawyer 3 4 3 3 4 5 2 2 12 14

Paralegal 0 0 2 2 0 0 0 0 2 2


535

12

Total Hearings Scheduled and Vacated The number of hearings scheduled in each quarter is listed below. Files scheduled on more than one

occasion within a quarter are counted each time the file is scheduled. A hearing is counted as

scheduled when the date the hearing is to proceed falls within the quarter. A hearing is counted as

vacated when it does not proceed on the scheduled date. A multi-day hearing is partially vacated if it

proceeded on only some of the scheduled days. Reasons for vacated hearings are noted in Table 9.

The number of hearing calendar days is noted in Table 11.

Table 8 Total hearings scheduled and vacated per quarter.


Number of hearings scheduled1

86

(75)

81

(86)

67

(71)

97

(83)

331

(315)

Lawyer 69 73 59 73 274


Number of hearings completely vacated

25

(21)

19

(21)

14

(9)

20

(13)

78

(64)

Percentage of hearings completely vacated

29%

(28%)

23%

(24%)

21%

(13%)

21%

(16%)

24%

(20%)

Lawyer 23 17 11 16 67


Number of hearings partially vacated

4

(14)

13

(9)

7

(7)

10

(10)

34

(40)

Percentage of hearings partially vacated

5%

(19%)

16%

(10%)

10%

(10%)

10%

(12%)

10%

(13%)

Lawyer 2 12 6 9 29

Paralegal 2 1 1 1 5

Number of appeal hearings scheduled2

8

(11)

7

(5)

5

(1)

2

(5)

22

(22)

Lawyer 7 5 5 2 19

Paralegal 1 2 0 0 3

Number of appeal hearings completely vacated

2

(3)

1

(1)

0

(0)

0

(1)

3

(5)

Percentage of appeal hearings completely vacated

25%

(27%)

14%

(20%)

0%

(0%)

0%

(20%)

14%

(23%)

Lawyer 2 1 0 0 3

Paralegal 0 0 0 0 0

1 This includes PMC motion hearings. 2 This includes AMC motion hearings.


536

13

Reasons for Vacated Hearings A hearing may be vacated for more than one reason. These tables show the number of times each

reason resulted in a vacated hearing. In these tables, L represents lawyers and P represents

paralegals.

Table 9 Reasons hearings were vacated per quarter.

Reasons Hearings Were Vacated Q1 (L)

Q1 (P)

Q2 (L)

Q2 (P)

Q3 (L)

Q3 (P)

Q4 (L)

Q4 (P)

Agreed Statement of Facts (ASF) concluded / expected

1 2 2

Evidence / Disclosure 1 1 2 5 1

Matter abandoned 2 1 2

Matter finished 2

Matter proceeded in writing instead 1

Matter returned to PAC 1

Matter returned to PHC / PMC 1 1

Matter stayed 2

Motion heard instead 1 1

New representative / counsel unprepared 3 3 3 2 1 1


Party / representative / witness ill or unavailable 5 8 2 5 3 2

Party / representative unprepared 6 1

Party subject of other proceeding 1 1 1

Table 10 Reasons that portions of hearings were vacated per quarter.

Reasons Portions Of Hearings Were Vacated Q1 (L)

Q1 (P)

Q2 (L)

Q2 (P)

Q3 (L)

Q3 (P)

Q4 (L)

Q4 (P)

ASF concluded / expected 1 6 1 1 2

Hearing completed ahead of time estimated 1 5 4 1 1


Party / representative / witness ill or unavailable 1 1 1 4

Submissions to be made 1


537

14

Calendar Days Scheduled and Vacated The number of hearing calendar days scheduled is listed below. Multiple hearings are often

scheduled on each calendar day. A vacated calendar day is a day on which no scheduled hearings

or appearances before the PMC or AMC proceeded. The day an adjournment request is heard is not

counted as a vacated calendar day. For example, if a request to adjourn a three-day hearing was

granted on the first day, only the remaining days are counted as vacated. Or, if one hearing was

vacated, but other hearings proceeded on the same day, that day is not counted as vacated. Some

hearings and appeals were heard on the same calendar day.

Reasons for vacated calendar days are noted in Table 12.

Table 11 Number of calendar days that were scheduled and vacated in the Hearing and Appeal Divisions


Number of available calendar days

62 (62) 63 (63) 64 (63) 60 (61) 249 (249)

Number of Hearing Division calendar days scheduled

51 (59) 57 (61) 52 (54) 52 (59) 212 (230)

Number of Hearing Division calendar days vacated

5 (5)

5 (2) 6 (4) 3 (8) 19 (19)

Percentage of Hearing Division calendar days vacated

10% (9%) 9% (3%) 12% (7%)

6% (14%) 9% (8%)

Number of Appeal Division calendar days scheduled

12 (13) 7 (6) 5 (5) 11 (11) 35 (35)

Number of Appeal Division calendar days vacated

1 (3) 1 (2) 0 (0) 1 (1) 3 (6)

Percentage of Appeal Division calendar days vacated

8% (23%) 14% (33%) 0% (0%) 9% (9%) 9% (17%)


538

15

Reasons For and Number of Resulting Vacated Calendar Days The first figure in each quarter’s column represents the number of times a panel accepted this

reason. The second figure represents the number of resulting vacated calendar days. The number of

calendar days vacated shown on this page may be greater than the calendar days vacated as

reported in Table 11 because more than one matter may have been scheduled to be heard on the

same day and all were vacated; so one calendar day may have been vacated for more than one

reason and for more than one matter.

Table 12 Reasons and the number of times each was accepted and resulted in vacated calendar days.

Reasons For Vacated Calendar Days Q1 Q2 Q3 Q4

ASF concluded / expected 3-3 4-4 1-1 1-1

Counsel unprepared 3-3 1-1 1-1

New representative 2-2 1-1 2-3

Cross-examination of witness rescheduled 1-1

Panel ill / unavailable 2-2

Party / representative / witness unavailable or ill

1-1 1-2 1-1

Hearing completed ahead of time estimated 1-1

Matter proceeded to PHC instead 1-1

Matter abandoned 1-1

Disclosure / submission 1-1


539

16

Parties’ Adjournment Requests The following table lists the number of adjournment requests made to the Law Society Tribunal in

each quarter. Adjournment requests reported below may relate to matters scheduled to be heard

during this quarter or in a subsequent quarter. In this table, L represents lawyers and P represents

paralegals.

Table 13 Number of adjournment requests granted and denied per quarter by the Hearing and Appeal Divisions

Adjournment Requests

Q1 (L) Q1 (P) Q2 (L) Q2 (P) Q3 (L) Q3 (P) Q4 (L) Q4 (P) Cumulative

Granted by PMC

8 (9) 1 (0) 1 (7) 2 (0) 2 (2) 1 (1) 3 (4) 1 (1) 19 (24)

Denied by PMC 3 (0) 0 (0) 1 (3) 0 (0) 0 (1) 0 (0) 2 (2) 0 (0) 6 (6)

Granted by Hearing Division

4 (10) 0 (3) 11 (10) 0 (0) 6 (5) 1 (1) 6 (9) 1 (3) 29 (41)

Denied by Hearing Division

1 (0) 0 (1) 3 (1) 1 (0) 1 (2) 1 (1) 1 (0) 1 (1) 9 (6)

Granted by AMC

0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)

Denied by AMC 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)

Granted by Appeal Division

0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)

Denied by Appeal Division

0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)


540

17

Parties’ Position on Adjournment Requests

Lawyer Matters Table 14 Parties position on adjournment requests in lawyer matters for Q1.


Granted by PMC 1 2 3

Denied by PMC 2 2

Granted by the Hearing Division 3 3 6


Paralegal Matters Table 15 Parties position on adjournment requests in paralegal matters for Q1.


Granted by PMC 1 1

Denied by PMC

Granted by the Hearing Division 1 1



541

18

Tribunal Reasons Produced and Published The number of reasons produced does not equal the number of reasons published because some

reasons produced in a quarter may not be published or will be published in a subsequent quarter.

Table 16 Number of oral and written reasons produced and published per quarter.


Number of written reasons produced

41 (42) 42 (36) 28 (31) 34 (31) 145 (140)

Lawyer 34 34 27 29 124


Number of written reasons published

41 (47) 42 (41) 28 (29) 34 (31) 145 (148)

Lawyer 34 34 27 29 124


Number of oral reasons produced

15 (13) 13 (22) 15 (19) 12 (21) 55 (75)

Lawyer 11 11 13 8 43


Number of oral reasons published

15 (10) 10 (8) 8 (12) 12 (16) 45 (46)

Lawyer 9 9 6 11 35



542

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