What is the effect of a full adjournment of a disciplinary hearing?

British Columbia, Canada


The following excerpt is from PHS Community Services Society v Swait, 2018 BCSC 824 (CanLII):

As to whether the failure to grant a full adjournment was, in all the circumstances, fair, I am satisfied that it was. The stated prejudice to the petitioner was a lack of time to consult counsel and prepare material. The petitioner was given additional time (until May 10, 2017) to submit evidence and make submissions in writing after the hearing. Thus, the arbitrator directly addressed the alleged defect in fairness and provided the petitioner a remedy. Furthermore, even in professional disciplinary matters, fairness does not create an unassailable right to counsel that will always require an adjournment: Macdonald v. Institute of Chartered Accountants of British Columbia, 2010 BCCA 492 paras. 49-51.

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