2019 MBCA 113, 2019 MBCA 113
Opinion
Citation: Jhanji v The Law Society of Manitoba, Date: 20191106 2019 MBCA 113 Docket: AI19-30-09320 IN THE COURT OF APPEAL OF MANITOBA BETWEEN : ) V. R. Jhanji vibhu raj jhanji ) on his own behalf ) (Applicant) Appellant ) R. H.
Kravetsky ) for the Respondent - and - ) ) Chambers motion heard and the law society of manitoba ) Decision pronounced: ) September 26, 2019 (Respondent) Respondent ) ) Written reasons: ) November 6, 2019 NOTICE OF RESTRICTION ON PUBLICATION: See para 1 of these reasons. michel a. monnin JA [ 1 ] The respondent, The Law Society of Manitoba (the LSM), pursuant to section 81(2) of The Legal Profession Act , CCSM c L107 ; and section 77(1) of The Court of Queen's Bench Act , CCSM c C280 , as made applicable by
section 36 of The Court of Appeal Act , CCSM c C240 , brought a motion seeking a partial sealing of the proceedings and documentation related to the applicant’s appeal of a decision of a Court of Queen’s Bench judge dismissing his appeal from an interim suspension imposed upon him by the LSM. [ 2 ] A similar order was granted in the Court below to protect the privacy and interests of clients of the applicant. [ 3 ] The applicant consented to the order being made and, accordingly, I granted it. [ 4 ] The applicant also brought a motion seeking to have counsel for the LSM disqualified from appearing in this matter because of a conflict of interest on the part of counsel.
He also sought an extension of time in which to file a motion to adduce fresh evidence, as well as leave to adduce fresh evidence. [ 5 ] Following submissions by the applicant, which submissions were largely irrelevant to the matter at hand (namely, a declaration that counsel for the LSM should be removed from these proceedings), I dismissed the motion with costs.
My reason for doing so was that there was a complete lack of evidence and legal rationale to justify the granting of the relief being sought. [ 6 ] I did not deal with the other elements of the motion, namely, the matter of fresh evidence being adduced, because I am of the view that a request for such a relief should be made before the panel of this Court that will ultimately hear the applicant’s appeal. JA
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