Quinn Ross

The Lawyer appealed a Hearing Division decision permitting him to surrender his licence for professional misconduct involving the misappropriation of trust funds.

He argued the panel misapplied the exceptional circumstances test and should have imposed a suspension.

The Law Society cross-appealed, arguing the panel erred in not revoking the licence.

The Appeal Division dismissed both the appeal and cross-appeal, finding no error in principle or palpable and overriding error.

The panel properly considered the Lawyer's experience of anti-Black racism and other mitigating factors, concluding they justified permission to resign but not a suspension.

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.

Following the dismissal of the appellant's appeal and stay motion regarding the revocation of his license, the Law Society Tribunal Appeal Division determined the appropriate quantum of costs.

The Law Society sought $12,000, which was below the typical range of $15,000 to $30,000 for an appeal.

The appellant requested costs be fixed at $6,000 payable over four years, citing financial hardship but providing no evidence.

The Tribunal considered the unique nature of the appeal, which provided an opportunity to clarify the Law Society's role in assessing applications following the compromised online licensing examination.

The Tribunal ordered the appellant to pay $9,000 in costs, payable in two installments.