Advising on Overlapping Administrative Regulatory, Civil and Criminal Processes

October 28, 2021 12:30pm

Justin H. Nasseri
Founding Partner
Ross Nasseri LLP
Chair, Civil Litigation Executive Committee
Ontario Bar Association

Brennagh Smith
Acting Practice Lead, Prosecutions
City of Toronto, Legal Services

  • Use of dispositions and findings of fact—what use can be made of a decision from one proceeding in another? (e.g. the use that can be made of criminal acquittals and convictions, no contest pleas, findings of professional misconduct, and civil judgments)
  • Use of evidence and investigation materials—what, if any use can be made of evidence and findings from related cases? (e.g. the use of material from disciplinary proceedings in courts, the use of evidence from criminal or civil proceedings, the use of discovery and other transcript evidence, and use of information collected by other enforcement authorities)
  • Strategic and ethical issues for overlapping or related proceedings
    • Advising clients on fighting a multi-front battle;
    • Strategic issues around procedure and timing (e.g. can one type of case be stayed or adjourned pending another and how)
  • Ethical issues around advising clients on their options and whether to choose one or more routes (criminal complaint, regulatory complaint, civil action)
    • Impact of collateral attack jurisprudence and the doctrine of exhaustion