Perrier v. Canada ( Superintendent of Bankruptcy )
T-2093-94
Simpson J.
5/5/95
11 pp.
Application for judicial review of decision ordering three-month suspension of applicant's licence to practice as trustee in bankruptcy -- Auditor's report commissioned by office of Superintendent of Bankruptcy revealing deficiencies in applicant's bankruptcy trustee business and recommending suspension of applicant's licence for period of six months -- Act, s. 14(2) hearing held allowing applicant opportunity to "demonstrate faults reproached . . . not sustained by facts" (applicant's burden)-Applicant required to meet burden after report tabled but prior to testimony and cross-examination of auditor, i.e. respondent's case "split" -- Applicant raising issues with respect to conduct of hearing -- Rules of natural justice applying to s. 14(2) hearing; as applicant's professional licence at stake, applicant entitled to know case required to meet before testifying at disciplinary hearing -- Split case resulting in greater risk of breach of audi alteram partem principle, however, adoption of split case not in itself constituting breach -- As auditor's testimony not raising new matters not contained in comprehensive report and as applicant not identifying any prejudice at hearing, split case not constituting breach -- Burden of showing report allegations not substantiated by facts fair statement of applicant's role at s. 14(2) hearing -- Late production of handwritten working papers referred to by auditor not constituting breach of natural justice as documents not containing new information and as applicant's counsel given time to review documents and permitted to continue cross- examination on content after lengthy adjournment -- Imposition of suspension within adjudicator's discretion and supported by facts; decision not so capricious or unreasonable as to constitute reviewable error-Application dismissed -- Bankruptcy Act, R.S.C., 1985, c. B-3, s. 14(2) (as enacted by S.C. 1992, c. 27, s. 9).