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Petrashuyk v. Law Society of Alberta

[1988] 2 SCR 385 Court SCC Decision date 1988-11-28 Docket 19230 English

PartiesJohn Petrashuyk Appellant·The Law Society of Alberta Respondent

Judges Dickson, Robert George Brian; McIntyre, William Rogers; Lamer, Antonio; Wilson, Bertha; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John

Decision 5–1–1 Bracco J. (5) · Dickson C.J. (1) · Lamer J. (1)

On appeal from Alberta

Subjects Professional law

Contents

Bracco J.

The following is the judgment delivered orally by

Dickson C.J.

1. The Chief Justice‑‑The Court is ready to deliver judgment, and judgment will be delivered by my brother Lamer J.

Lamer J.

2. Lamer J.‑‑The majority of the Court is in substantial agreement with the reasons of Bracco J., would allow the appeal with costs and restore his order in the nature of mandamus.
3. Justice Lamer and Justice La Forest, dissenting, are in substantial agreement with the reasons of the Court of Appeal of Alberta and would dismiss this appeal without costs.
4. The appeal is accordingly allowed with costs, and Bracco J.'s order is restored, Justices Lamer and La Forest, dissenting.
Appeal allowed with costs, Lamer and La Forest JJ. dissenting.
Solicitors for the appellant: Wheatley Sadownik, Edmonton.
Solicitors for the respondent: Field & Field, Edmonton.