Davidoff v Law Society of Alberta, 2013 ABQB 749

Court of Queen ’ s Bench of Alberta Citation: Davidoff v Law Society of Alberta, 2013 ABQB 749 Date: 20131220 Docket: 1003 11912 Registry: Edmonton Between: Alex Davidoff Applicant - and - Law Society of Alberta and Arnold Piragoff, Q.C. Respondents _ ________________________________________ ______________ Reasons for Judgment of the Honourable Mr. Justice R. Paul Belzil _________________________________________ ______________

[ 1 ] The Respondents, Law Society of Alberta (LSA), and Arnold Piragoff apply to set aside a Notice to Admit filed in an Application for Judicial Review. [ 2 ] On July 14, 2010 the Applicant filed an Originating Notice of Motion seeking an order in the nature of certiorari quashing a decision of the Respondent Law Society of Alberta to dismiss a complaint against one of its members, Arnold Piragoff, Q.C. [ 3 ] The matter has a lengthy procedural history. In 1992, the Applicant pled guilty to a number of serious criminal charges and was sentenced to a term of imprisonment.

Piragoff was the Crown prosecutor. [ 4 ] The Applicant alleges prosecutorial misconduct on his part and in 2002 filed a complaint against him with the LSA. [ 5 ] In 2005 the LSA appointed counsel to investigate the complaint which was dismissed in 2007.

The dismissal of the complaint was appealed by the Applicant to the Benchers Appeal Panel which dismissed the appeal. [ 6 ] Throughout the proceedings Piragoff has emphatically denied any misconduct. [ 7 ] In 2011, the Applicant brought a preliminary application seeking reduction of all of the materials in the possession of the LSA at the time the complaint was dismissed. [ 8 ] I dismissed this application in written Reasons filed on November 1, 2011 and reported at 2011 ABQB 668 . [ 9 ] On March 26, 2012 the Applicant filed a Notice to Admit pertaining to events including telephone conversations, email exchanges and correspondence generated in the course of the investigation, all of which transpired prior to the hearing before the Appeal Panel. [ 10 ] Rule 6.37(8) governs applications to set aside a Notice to Admit:

(8) On application, the Court may set aside a notice to admit. [ 11 ] As Rule 6.37(8) contains no limiting provisions, it is clear that the Rule provides for a broad measure of judicial discretion. [ 12 ] The general rule is that judicial review is conducted on the return filed by the tribunal, Alberta Liquor Store Assn. v. Alberta (Gaming and Liquor Commission) , 2006 ABQB 904 at paras. 40-43 per Slatter J. (as he then was). [ 13 ] In Alberta River Conservation Foundation v.

Alberta (Environmental Protection) , 1998 ABQB 129 at para. 26 , it was accepted that a notice to admit facts may be utilized in judicial review, but only in limited circumstances. At para. 27 the following passage appears: . . . Any admission of fact which can be obtained before the hearing must be of some assistance to the chambers judge. [ 14 ] The Respondents argue that the Notice to Admit facts relates to procedural steps in the investigation of Piragoff in the time period between June 2005 and December 2006. [ 15 ] The decision which is the subject of judicial review is that of the Appeal Panel of the LSA.

All of the facts in the Notice to Admit Facts relate to matters which transpired well before the matter came before the Appeal Panel and none relate to alleged procedural defects in the proceedings before it. [ 16 ] It necessarily follows that the Notice to Admit Facts pertains to facts which are irrelevant to the conduct of the Appeal Panel proceedings and as such the Notice to Admit Facts must be set aside. [ 17 ] The Notice to Admit Facts filed March 20, 2012 is set aside. Costs may be spoken to. Heard on the 12 th day of December, 2013. Dated at the City of Edmonton, Alberta this 19 th day of December, 2013.

R. Paul Belzil J.C.Q.B.A. Appearances: Thomas M. Engel Amanda Hart-Dowhun Engel Law Office for the Applicant Lindsay MacDonald, Q.C. for the Respondent Law Society of Alberta Alexander D. Pringle, Q.C. Dane F. Bullerwell for Arnold Piragoff , Q.C.