What is the legal test for correctness in a suspension order?
British Columbia, Canada
The following excerpt is from Foo (re), 2015 LSBC 34 (CanLII):
Hordal was considered by the review panel in Law Society of BC v. Chiang, 2014 LSBC 55, where it held at paragraph 28 that the correctness standard is subject to two qualifications: (a) if factual matters are in dispute and the initial hearing panel made factual findings grounded in an assessment of credibility, the review panel should show deference to the hearing panel in respect to those factual findings; and (b) in reviewing a suspension order, the review panel should consider the hearing panel’s decision to order the suspension, and the duration of that suspension, to be correct if it falls within an appropriate range.
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