In June 2024, the Law Society sought injunctive relief to suspend the operation of the transitional provisions and enjoin the Lieutenant Governor in Council from bringing the balance of the Legal Professions Act, S.B.C. 2024, c. 26 (the “Act”) into force, until such time as the constitutional challenge advanced by the Law Society in the Notice of Civil Claim could be heard.
In a decision released on July 17, 2024, Justice Gropper acknowledged that the Law Society has set out its constitutional challenges “clearly and forcibly” and that there is no doubt the Law Society has established a serious question to be tried. She concluded, however, that the Law Society has not established irreparable harm, because its expertise is needed in the “transitional planning” process, which may produce a positive result. Further, the Court has been assured by the Province that the transitional planning process must be complete before the balance of the Act is brought into force, and that process is likely to take 18-24 months.
Justice Gropper concluded that the balance of convenience does not favour an injunction at this stage, but noted that the Law Society could reapply if there is a material change in circumstances and it becomes realistic that (government) may bring the substantive provisions into force in the near future.
The Law Society will proceed with the challenge to the constitutionality of the Act and we expect the first stage of that process will take place in early 2025.
We will continue to provide updates on the litigation as information becomes available.
Read more: Background, timeline and previous statements
