Professional Regulation

Supreme Court clarifies test and remedies for abusive delay

In Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, the Supreme Court of Canada clarified the test for when administrative delay will amount to an abuse of process, and the circumstances when remedies short of a stay of proceedings will be appropriate. In doing so, the Court emphasized deference to professional regulators in their assessment of the relevant factors.

Supreme Court to Hear Case on Administrative Delay

On February 25, 2021, the Supreme Court of Canada granted leave to appeal in Law Society of Saskatchewan v. Peter Abrametz. This case raises significant issues around (1) when delay amounts to an abuse of process justifying a stay in administrative proceedings, and (2) standard of review in professional disciplinary matters.