When representing professionals in a disciplinary matter, counsel should begin their assessment of the case by reviewing the Notice of Hearing and breaking down the elements of each offence alleged as a way of “formulating the theory of the case,” says Lonny.
“Once the regulator’s file is disclosed it’s important for counsel to go back to the Notice of Hearing and identify the evidence available to support the regulator’s case.”
At a recent presentation at the Tribunal Advocacy Program for Osgoode Professional Development, Lonny spoke on advocacy before administrative tribunals from his experience representing members in regulatory proceedings, acting as independent legal counsel to discipline committees, and chairing hearings as a tribunal member.
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