Global Clean Energy Inc (GCEI)

[JFBroderick]

Adessky appeal was granted

The judgment against him was thrown out with the Bar responsible for all costs.

The judges wrote that the whole thing that the Bar did was illegal from the outset.

Quote:
[71] The Court is hearing an appeal from the interlocutory decision of the Council refusing the preliminary application by the appellant for a stay of proceedings on the ground of invalidity of the complaint because of the illegality of the appointment of the ad hoc trustee who filed it.

[72] Obviously, this decision was made on the basis of the evidence submitted to the Council at that time, including the testimony of the respondent 58 . However, considering the new evidence filed with the consent of the parties to the hearing in appeal, it appears that this decision was wrong. If the Council had had access to that evidence, it would not have decided as it did. The appellant's application was therefore justified.

[73] Finally, the Court considers that the Board could not confirm the appointment of the respondent as trustee ad hoc and ratify his actions in the file, by means of the resolution of January 28, 2016 59 .

[74] We cannot thus "confirm" an appointment that did not happen. We cannot ratify the acts that have been committed unlawfully, especially since nothing in the Code of Professions or the Bar Law provides for it.

[75] It is not here about a mere defect of form or procedure. The failure to appoint the respondent affects more his competence to act as ad hoc trustee and that of the Council to take up the complaint filed by the respondent 60 . This is a matter of public interest.

[76] Given the Tribunal's decision to allow the appeal on conviction, the appeal on sanction is no longer worthwhile.

THEREFORE CONSEQUENTLY TO THE FOREGOING, THE COURT:

GRANTS the appeal on guilt; CONTEST the decision of the Disciplinary Board of the Bar of Quebec dismissing the motion to dismiss complaint and a stay of proceedings submitted by the appellant; and, MAKING the decision that should have been rendered by the Disciplinary Council of the Quebec Bar; GRANTS the motion to dismiss complaints and stay of proceedings submitted by the appellant;

58 Filed as exhibit I-5 in connection with the hearing of “The Motion[…]in order to permit the production of an additional documentary proof […]

59 Filed as exhibit I-9 in connection with the hearing of “The Motion[…]in order to permit the production of an additional documentary proof […]

60 Tourbière Smith 2000 Inc. vs. Bellechasse (Municipal area of the County of), 2001 CanLll 24982 (Qc CS), paragr. 25 to 40. REJECTS the complaint; CONDEMNS the Respondent to pay the disbursements.