Kane Porter

The Member faced an allegation of professional misconduct for failing to cooperate with a CPA Ontario investigation into a complaint by her former employer.

The Member admitted the facts but argued she could not substantively respond to the investigation because doing so might prejudice her defence in ongoing civil litigation with the complainant.

The Discipline Committee found that the duty to cooperate is a substantive obligation that cannot be deferred pending civil litigation.

The Committee found the Member committed professional misconduct and ordered a $5,000 fine, $3,400 in costs, and required her to provide a substantive response within 30 days, failing which her membership would be suspended and ultimately revoked.