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Legal Profession Act - The Law Society of British Columbia

Legal Profession Act - The Law Society of British Columbia

LEGAL PROFESSION ACTPART

LEGAL PROFESSION ACTPART 5 – HEARINGS AND APPEALSPanels41 (1) The benchers may make rules providing for any of the following:(a) the appointment and composition of panels;(b) the practice and procedure for proceedings before panels.(2) A panel may order an applicant or respondent, or a shareholder, director, officer oremployee of a respondent law corporation, to do either or both of the following:(a) give evidence under oath or by affirmation;(b) at any time before or during a hearing, produce all files and records that arein the possession of that person and that may be relevant to a matter underconsideration.Failure to attend42 (1) This section applies if an applicant or respondent fails to attend or remain inattendance at(a) a hearing on an application for enrollment as an articled student, call andadmission, or reinstatement,(b) a hearing on a citation, or(c) a review by a review board under section 47.(2) If satisfied that the applicant or respondent has been served with notice of thehearing or review, the panel or the review board may proceed with the hearing orreview in the absence of the applicant or respondent and make any order that thepanel or the review board could have made in the presence of the applicant orrespondent.[2012-16-31]Right to counsel43 (1) An applicant, a respondent or a person who is the subject of a proceeding mayappear at any hearing with counsel.(2) The society may employ or retain legal or other assistance in conducting aninvestigation under Part 2, 3 or 4 or on the issue of a citation and may berepresented by counsel at any hearing.[2012-16-32]34 [12/2012]

PART 5 – HEARINGS AND APPEALSWitnesses44 (1) In this section“party” means an applicant, a respondent or the society;“tribunal” means the benchers, a review board or a panel, or a member of thebenchers, a review board or a panel, as the context requires.(2) For the purposes of a proceeding under Part 2, 3, 4 or 5 of this Act, a party mayprepare and serve a summons, in a form established in the rules, requiring a personto attend an oral or electronic hearing to give evidence, on oath or affirmation or inany other manner, that is admissible and relevant to an issue in the proceeding.(3) A party may apply to the Supreme Court for an order directing(a) a person to comply with a summons served by a party under subsection (2),(b) any directors and officers of a person to cause the person to comply with asummons served by a party under subsection (2), or(c) the custodian of a penal institution or another person who has custody of aperson who is the subject of the summons to ensure the person in custodyattends the hearing.(4) For the purposes of a proceeding under Part 2, 3, 4 or 5 of this Act, a tribunal maymake an order requiring a person(a) to attend an oral or electronic hearing to give evidence, on oath oraffirmation or in any other manner, that is admissible and relevant to an issuein the proceeding, or(b) to produce for the tribunal or a party a document or other thing in theperson’s possession or control, as specified by the tribunal, that is admissibleand relevant to an issue in the proceeding.(5) A tribunal may apply to the Supreme Court for an order directing(a) a person to comply with an order made by the tribunal under subsection (4),(b) any directors and officers of a person to cause the person to comply with anorder made by the tribunal under subsection (4), or(c) the custodian of a penal institution or another person who has custody of aperson who is the subject of an order made by the tribunal under subsection(4) to ensure the person in custody attends the hearing.(6) On an application under subsection (3) or (5), the Supreme Court may make theorder requested or another order it considers appropriate.[2007-9-54; 2010-6-97; 2012-16-33][12/2012] 34.1

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