Associate Chief Justice Rooke (as he then was) found that Grace Akpan (“Akpan”) had participated without excuse in an illegal scheme by notarizing a package of pseudo law documents. The Decision was made on the Court’s own motion and without notice to Akpan. The Court then gave Akpan a copy of the Decision and 14 days to make submissions on why she should not be penalized pursuant to Rule 10.49. Akpan was ultimately ordered to pay a $10,000 penalty.

Akpan appealed the Decision, arguing a breach of natural justice. The Court agreed with Akpan, noting that Rooke A.C.J. (as he then was) made serious findings about Akpan’s conduct before she was provided with an opportunity to make submissions. The Appeal was allowed, the Rule 10.49 penalty set aside, and the matter was directed back to the administrative justice of the Court of King’s Bench to consider whether proceeding with a Rule 10.49 motion was warranted.