Rebecca Durcan

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.

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.

The appellant lawyer appealed a penalty decision that revoked his licence and ordered him to pay $44,135 in costs after a hearing panel found he had misappropriated trust funds and breached Legal Aid Ontario rules by privately billing a client while on a certificate.

The Law Society Tribunal Appeal Division dismissed the appeal, finding no error in principle in the hearing panel's application of the presumptive penalty of revocation for misappropriation.

The panel also found no procedural unfairness and upheld the costs order.