Is a notice of application not to be treated as a criminal indictment?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Isaac, 2018 ONLSTH 125 (CanLII):
In Law Society of Upper Canada v. Dmello[5] the appeal panel noted that it is well established that particulars in a notice of application are not to be treated as if they are counts in a criminal indictment. This means, among other things that a notice of application should not be critiqued in an overly technical manner. Also, the failure to specifically plead the most applicable rule will not preclude a finding of professional misconduct, as long as the licensee has had a fair opportunity to respond to the substance of the allegations being made.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
Can an individual whose rights under the Criminal Code have not been infringed bring an application to the Human Rights Tribunal? (Ontario, Canada)
Is an attempt to commit a crime known to law, that was thwarted by chance, still a criminal attempt under section 24(1) of the Criminal Code? (Ontario, Canada)
What is the test for late notice of a municipality's failure to provide notice to a plaintiff? (Ontario, Canada)
How have the authorities treated the absence of evidence of proof of motive in a criminal case? (Ontario, Canada)
What is the test for reasonableness in the context of an application for an indefinite adjournment of a criminal trial? (Ontario, Canada)
What is the limitation period for an application to appeal against a denial of a licence application? (Ontario, Canada)
How have the Canadian authorities treated the fact that an applicant has been convicted of murder in Romania? (Ontario, Canada)
