Darryl Singer told a University of Toronto appeal hearing the proceedings last June should never have taken place because neither Spence nor his lawyer participated.
At the very least, Singer said Thursday, a penalty should not have been imposed without giving Spence a chance to address the accusations.
“Nothing ought to have gone ahead on June 20. The entire matter should have been adjourned,” said Singer, adding there was no urgency and that the situation unfairly left Spence without the right to a proper defence.