Motions in Proceedings to be Heard by One Member
4. (1) This section applies to the hearing of motions in a proceeding in which the chair of the Hearing Panel is required by section 2 to assign one member of the Panel to the hearing to determine the merits of the proceeding. O. Reg. 30/99, s. 4 (1). (2) The chair of the Hearing Panel shall assign three members of the Panel to the hearing of a motion in the proceeding for an interlocutory order suspending the rights and privileges of a member or student member or restricting the manner in which a member may practise law. O. Reg. 30/99, s. 4 (2). (3) The chair of the Hearing Panel shall assign the member of the Panel who is to determine the merits of the proceeding to the hearing of a motion in the proceeding if the motion relates to any of the following matters: 1. The jurisdiction of the Hearing Panel to hear and determine the proceeding. 2. The jurisdiction of the Society to initiate the proceeding. 3. The exclusion of the public from all or part of a hearing. 4. Disclosure of particulars, documents or things from a person who is not a party to the proceeding. 5. The production of documents by a person who is a party to the proceeding, if the chair of the Hearing Panel is of the opinion that the motion will likely require the member of the Panel who hears the motion to examine some or all of the documents. 6. A stay of the proceeding. 7. The exclusion of witnesses from all or part of a hearing. 8. A constitutional issue. 9. A motion to which, in the opinion of the chair of the Hearing Panel, the Mental Health Act may apply. 10. A motion that is transferred under this section to the member of the Panel who is to determine the merits of the proceeding. 11. Any matter that arises during the hearing of the merits of the proceeding. O. Reg. 30/99, s. 4 (3). (4) The chair of the Hearing Panel shall assign one member of the Panel to the hearing of a motion in the proceeding, and is not required to assign the member who is to determine the merits of the proceeding, if the motion is not described in subsection (2) or (3). O. Reg. 30/99, s. 4 (4). (5) If a member of the Hearing Panel other than the member who is to determine the merits of the proceeding is assigned under subsection (4) to the hearing of a motion, the member assigned to the hearing may, on motion by a party to the motion or on his or her own motion, transfer the hearing to the member who is to determine the merits of the proceeding. O. Reg. 30/99, s. 4 (5). (6) Despite subsections (3), (4) and (5), the chair of the Hearing Panel may assign three members of the Panel to the hearing of a motion if the chair is of the opinion that the assignment of three members would facilitate the hearing of the motion together with a motion to which the chair is required by subsection (2) to assign three members. O. Reg. 30/99, s. 4 (6). (7) If a motion that relates to the production of documents by a party to the proceeding is not assigned to the member of the Hearing Panel who is to determine the merits of the proceeding and the member of the Panel who is assigned to hear the motion is of the opinion that some or all of the documents should be examined, the member of the Panel who is assigned to hear the motion shall transfer the hearing to the member of the Panel who is to determine the merits of the proceeding. O. Reg. 30/99, s. 4 (7). (8) If a motion is not assigned to the member of the Hearing Panel who is to determine the merits of the proceeding and the member of the Panel who is assigned to hear the motion is of the opinion that the Mental Health Act may apply to the motion, the member of the Panel who is assigned to hear the motion shall transfer the hearing to the member of the Panel who is to determine the merits of the proceeding. O. Reg. 30/99, s. 4 (8). (9) If a hearing is transferred under subsection (5), (7) or (8) to the member of the Hearing Panel who is to determine the merits of the proceeding, the hearing shall begin anew. O. Reg. 30/99, s. 4 (9). Motions in Intended Proceedings