Life After Abrametz: Managing Delay in Professional Discipline Proceedings

The Supreme Court of Canada’s decision in Law Society of Saskatchewan v. Abrametz has become a defining authority on delay in administrative proceedings.  Although the Court affirmed that the framework for assessing undue delay established in Blencoe v. British Columbia (Human Rights Commission) continues to apply, the Court provided important guidance with respect to when delay will constitute an abuse of process that justifies a remedy.  Although the Court confirmed that the circumstances justifying a stay of proceedings are rare, the Court also confirmed that where undue delay is established, tribunals and courts can order other remedies to address and discourage institutional complacency. 

Although Abrametz is a professional discipline case, it has practical implications for all administrative agencies and lawyers who work in the area of administrative law.

This session examines the law with respect to undue delay from both a legal and practical perspective.  The webinar explores the Court’s earlier decision in Blencoe. The refinements to the law of delay in Abrametz, and how the law is continuing to evolve. Participants will be provided with practical insight regarding the conceptual framework for assessing undue delay, when delay constitutes an abuse of process, and some of the challenging issues that arise, including:  how to calculate the period of delay, determining which party is responsible for the delay, the type of prejudice or impact that warrants a remedy, potential remedies other than a stay of proceedings, and the importance of marshalling the evidence needed to advance or respond to concerns about delay.

Key Topics Discussed:

• The evolution of the law governing undue delay in administrative proceedings
• The Supreme Court of Canada's decision in Law Society of Saskatchewan v. Abrametz and its practical implications
• The continuing role of Blencoe v. British Columbia (Human Rights Commission) in assessing undue delay
• The legal framework for determining when delay constitutes an abuse of process
• Calculating the relevant period of delay and attributing responsibility for delays
• Assessing prejudice resulting from institutional or procedural delay
• Remedies for undue delay, including stays of proceedings and alternative remedies
• Practical strategies for managing and minimizing delay in professional discipline and administrative proceedings
• Evidentiary requirements for advancing or responding to allegations of undue delay
• Emerging trends in the law governing delay in administrative and professional discipline matters