Ingrid Berkeley

The Law Society brought a motion for an interlocutory suspension of the respondent lawyer's licence to practise law amid ongoing investigations into allegations of misappropriation of trust funds, participation in mortgage fraud, and abandonment of practice.

The Law Society presented unchallenged affidavit evidence detailing multiple real estate transactions where millions of dollars in trust funds were unaccounted for and mortgages were fraudulently discharged.

The respondent consented to the order without admitting the allegations.

The Tribunal found reasonable grounds to believe there was a significant risk of harm to the public and ordered the immediate interlocutory suspension of the respondent's licence.

The Law Society Tribunal determined the penalty and costs for a lawyer found to have engaged in professional misconduct by knowingly facilitating a client's fraud, breaching trust account rules, and failing to serve a client.

The Tribunal revoked the lawyer's licence immediately, finding that revocation is the only appropriate penalty for knowing participation in fraud to maintain public confidence.

The Tribunal also ordered the lawyer to pay $30,000 in costs to the Law Society, taking into account his impecuniosity and a reduction for inordinate investigative delay.

The Law Society sought costs of $16,000 following the dismissal of the lawyer's appeal against findings of professional misconduct and the dismissal of the Law Society's cross-appeal on penalty.

The lawyer argued the costs were unreasonable and sought a reduction to $10,000, contending the cross-appeal was unwarranted.

The Tribunal found the Law Society's costs claim reasonable, noting it had already discounted its actual costs to reflect the unsuccessful cross-appeal.

The Tribunal ordered the lawyer to pay $16,000 in costs within 90 days.

The applicant Law Society brought an application alleging the respondent licensee engaged in conduct unbecoming by committing the criminal offence of assault against his former spouse, and professional misconduct by failing to report the charge.

The licensee admitted the allegations and the parties proceeded on an agreed statement of facts.

The tribunal found that intimate partner violence is inherently incompatible with the professional responsibilities of trust and integrity, warranting a suspension.

Acknowledging the licensee's significant rehabilitative efforts and lack of prior discipline, the tribunal ordered a two-month suspension and costs.

The Law Society Tribunal determined the penalty for a lawyer previously found to have engaged in professional misconduct, including acting in a conflict of interest by having a sexual relationship with a client, making discriminatory comments, participating in a fraudulent vehicle transfer using a false statutory declaration, and acting uncivilly toward police.

The Tribunal found that the fraudulent vehicle transfer attracted presumptive revocation under the Bolton principle, as it involved a client and a false statutory declaration, which compromised public confidence in the profession.

Finding no exceptional circumstances, and alternatively applying the ordinary penalty approach, the Tribunal revoked the lawyer's licence and ordered him to pay $35,000 in costs.

The Law Society of Ontario brought a professional misconduct application against the respondent lawyer regarding his involvement in a syndicated mortgage transaction.

The respondent argued he acted solely as a bare trustee and mortgage administrator, not as the lenders' lawyer.

The Tribunal found that the respondent was the lenders' lawyer and failed to serve them to the standard of a competent lawyer.

Specifically, he failed to meet with clients, advise them of material facts such as the appraised value of the property, comply with the loan agreement, and secure their interests before releasing funds.

The Tribunal also found he failed to comply with By-Law 9 by accepting incomplete and inaccurate disclosure forms.

A penalty hearing was ordered.

The Lawyer was previously found to have engaged in professional misconduct, including misappropriating client trust funds, knowingly assisting in a bad cheque fraud scheme, and failing to cooperate with a Law Society investigation.

The Tribunal determined that presumptive revocation applied to both the misappropriation and the knowing assistance in fraud.

The Tribunal found no exceptional circumstances that would justify a departure from presumptive revocation, rejecting the Lawyer's arguments regarding her interlocutory suspension, clean disciplinary record, and allegations of investigative impropriety.

The Lawyer's licence to practise law was revoked immediately, and she was ordered to pay costs of $175,000.

The Law Society of Ontario brought an application against the respondent lawyer alleging conduct unbecoming and professional misconduct.

The respondent admitted to conduct unbecoming for a criminal conviction of obstructing a peace officer.

The Tribunal found the respondent engaged in professional misconduct by misleading a Law Society investigator about his whereabouts to delay an interview.

Furthermore, the Tribunal found the respondent misappropriated retainer funds from two clients, taking money without performing the retained legal services, and fabricated file documents to conceal his misconduct.

All allegations were established, with penalty and costs to be determined at a subsequent hearing.

The Lawyer appealed a finding of professional misconduct and a nine-month suspension for acting without instructions to prevent her client's family from removing him from life support, filing a misleading affidavit, and acting in a conflict of interest.

The Law Society cross-appealed, seeking revocation of the Lawyer's licence.

The Appeal Division dismissed both appeals, finding that the hearing panel did not err in its application of the Groia test or the CUPE abuse of process doctrine, and that the nine-month suspension was an appropriate penalty given the seriousness of the misconduct.