Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J U L Y 2 0 1 7 9 A n appeals panel has ordered the Law Society of Upper Canada to disclose privileged information in a long-running disciplinary proceeding against a lawyer. In a recent decision, Law Society of Upper Canada v. Savone, the law society's hearing tribunal division determined the regulator must produce documents it had identified as privileged that could be relevant to its proceedings against Ottawa real estate lawyer Luigi Savone. But the panel stopped short of forcing the law society to disclose internal com- munications about its investigation into Savone, who is facing allegations of mis- conduct related to 12 real estate transac- tions occurring between 2000 and 2003. Last year, the Divisional Court ruled that a law society hearing panel had erred when it refused to disclose certain files that could have been relevant to the pro- ceedings. The files in question were those of lawyers who had represented purchas- ers in the allegedly fraudulent transac- tions. Savone had represented the vendor. The law society disclosed some infor- mation from the relevant files last summer after the Divisional Court decision, but it refused to disclose information it identi- fied as privileged. "It's important to consider that the law society has obligations to disclose and privilege can't always be claimed in order to shield information that would otherwise be of relevance and benefit to a person before a tribunal," says Joseph Neuberger, of Neuberger & Partners LLP, who was not involved in the proceedings. "Not everybody will be in the same circumstances as this gentleman, but it certainly speaks well about greater trans- parency and greater disclosure so a person before a tribunal will have a more robust ability to defend themselves." Savone had asked that the law society either stay the proceedings for delay or that he be granted greater disclosure. The appeals panel refused to throw out the proceedings, but it granted disclosure of the privileged information. Lawyers say this is one of the first administrative tribunals that has dealt with the issue of delays, following the Supreme Court of Canada's 2016 decision in R. v. Jordan, which capped delays in the courts. While the Jordan decision does not apply to disciplinary proceedings at the law society, Daniel Naymark, of Naymark Law, says he expects the issue of delays in matters before administrative tribunals could soon go through the courts. "I wouldn't be surprised to see more decisions by administrative tribunals grappling with whether and how to apply \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP LAW SOCIETY ORDERED TO DISCLOSE PRIVILEGED INFORMATION Continued on page 10 OSGOODEPD'S UPCOMING PROGRAMS FOR CORPORATE LAWYERS & IN-HOUSE COUNSEL The Intensive Short Course in Secured Lending and Debt Finance November 9-10, 2017 This intensive course will provide you with a comprehensive understanding of loan transactions. Go step-by-step through the essential legal components of a financing transaction, with a focus on the strategic and tactical concerns from both the borrower's and the lender's perspective. Plus, join us for an interactive ½ day workshop: enhance your ability to make the appropriate decisions while gaining all your LSUC Professionalism CPD hours. Learn more at osgoodepd.ca/lending2017 18th Annual Perfect Your PPSA Skills November 15-16, 2017 Designed to give you an in-depth understanding of the Ontario Personal Property Security Act to properly protect your client's security interests. Experienced practitioners take you through the PPSA using experiential learning, providing substantive examples throughout in order to properly explain its requirements. Hundreds of professionals have taken this course to help them navigate this highly technical legislation. Learn more at osgoodepd.ca/ppsa2017 OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC. ntitled-6 1 2017-06-12 4:15 PM

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