Kathleen Lickers

The Law Society Tribunal previously found that the respondent lawyer engaged in professional misconduct by practising law while suspended and failing to treat the court with courtesy and civility.

The respondent maintained that he was an "unconquered Métis man" and not subject to the authority of the Law Society Act.

Despite being invited to make submissions on penalty, the respondent did not participate.

The Tribunal concluded that the respondent was ungovernable due to mental illness and that a further suspension would not protect the public interest or maintain public confidence.

The respondent's licence to practise law was revoked.

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 applicant applied for a licence to practise law and wrote the solicitor exam in November 2021.

The Law Society investigated allegations of widespread cheating on the exam and found that the applicant possessed and used unauthorized cheating materials.

During the investigation, the applicant repeatedly made false and misleading representations denying his involvement.

He later admitted to using the cheating materials and failing to be forthright.

The Tribunal found that the applicant made deliberately false and misleading representations, breaching s 8(2) of By-Law 4, and therefore deemed him not to have met the requirements for a licence, including the good character requirement.

The application was dismissed.

The Law Society brought a conduct application against a lawyer whose licence was previously suspended due to incapacity arising from mental illness.

The lawyer continued to make numerous court appearances while suspended, acting uncivilly and advancing pseudolegal arguments based on his claim to be an unconquered Métis individual not subject to the Law Society Act.

The Tribunal dismissed the lawyer's recusal motions and found that he engaged in professional misconduct.

The Tribunal established a unified framework for addressing mental illness in conduct applications and concluded that diversion to a capacity proceeding was inappropriate because the lawyer lacked insight into his illness, refused to cooperate, and posed a significant risk to the public.

The Law Society brought a capacity application alleging the respondent lawyer was incapacitated between 2014 and 2019 due to a mental illness.

The respondent, an Indigenous woman and registered nurse, contested the application, arguing she was never incapacitated, her religious expressions were misinterpreted as delusions, and the psychiatric assessments were tainted by systemic racism.

The Tribunal accepted the expert psychiatric evidence that the respondent suffered from a lifelong mental illness that rendered her incapacitated during the relevant period, but found she has been in remission since 2019 due to adherence to a treatment plan.

The Tribunal ordered a three-year return-to-practice plan under s. 40 of the Law Society Act, requiring the respondent to remain under the care of a treating regulated professional and provide annual compliance reports, finding this to be the least restrictive accommodation necessary to protect the public.

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 of Ontario brought a conduct application against the Licensee for misappropriating over $12 million in client trust funds across 13 real estate matters.

The Licensee admitted to falsifying trust records, breaching undertakings, and using client funds to pay personal and business expenses, including those of her husband's class action practice.

The Tribunal found the Licensee engaged in professional misconduct by failing to act with honour and integrity.

Applying the presumptive penalty for misappropriation, the Tribunal revoked the Licensee's licence, ordered restitution to the Compensation Fund, and awarded $100,000 in costs to the Law Society.