Sophie J. Martel

Following a finding that the paralegal was incapacitated due to a substance use disorder and borderline personality disorder, the Law Society Tribunal determined the terms of a capacity order.

The Tribunal rejected the paralegal's arguments against employment restrictions, finding that protection of the public required him to provide legal services only as an employee under supervision.

The Tribunal also mandated ongoing treatment, including dialectical behaviour therapy, and unannounced substance use testing, while accommodating his disability to the point of undue hardship.

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 appellant lawyer sought a stay of a Hearing Division order revoking her licence pending her appeal of the professional misconduct findings and penalty.

The lawyer had been found to have engaged in professional misconduct by attempting to mislead opposing counsel and the court about a settlement offer and threatening a Law Society complaint to gain a benefit.

The Tribunal denied the stay, finding that while the appeal raised a serious issue and the lawyer would suffer irreparable harm, the balance of convenience did not favour a stay.

The seriousness of the misconduct, the risk of further misconduct, and the need to protect the public and maintain confidence in the profession outweighed the impact on the lawyer's clients.