Halifax, NS – Some media covering the February 6, 2024 Nova Scotia Court of Appeal ruling on Howe v. Rees, 2024 NSCA 16 implied the Court’s decision related to the disbarment of Mr. Howe. This inference requires clarification.
In Nova Scotia, disbarment decisions are made by a disciplinary panel appointed by the NSBS and may be appealed at the Court of Appeal.
Mr. Howe had been disbarred based upon a set of charges for which he was convicted. He appealed the disbarment, but it was upheld by the Court of Appeal in 2019.
Independently, relating to unconnected second charges, Mr. Howe alleged malicious prosecution because those second charges were withdrawn. The second charges were withdrawn only after Mr. Howe was disbarred.
Tuesday’s ruling by the Court of Appeal related to the second set of charges only, and therefore the ruling has no impact on the original disbarment decision.
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