The Law Society of Ontario appealed a Divisional Court decision upholding a Law Society Tribunal finding that the applicant, who had a history of child sexual abuse, was of good character and could be licensed to practice law with a condition that he not be alone with minors.
The Court of Appeal allowed the appeal, finding the Tribunal's decision unreasonable because it failed to properly consider the overarching public interest and public trust in the legal profession.
The Court also found the licensing condition internally inconsistent with a finding of good character.
The matter was remitted to the Hearing Division for a fresh assessment.
Additionally, the Court granted the applicant's motion for an anonymization and non-publication order to protect the identity of his daughter, a victim of his past abuse.
