The appellant lawyer appealed a decision of the Law Society Appeal Panel finding him guilty of professional misconduct for incivility during a criminal trial.
The Appeal Panel had reduced his penalty to a one-month suspension and $200,000 in costs.
The Divisional Court dismissed the appeal, finding that the Law Society has jurisdiction to discipline lawyers for in-court conduct without intruding on judicial independence.
The Court articulated the test for when incivility becomes professional misconduct, requiring that the conduct undermines or has the potential to undermine the proper administration of justice.
The Court found the Appeal Panel's application of the test and the resulting penalty and costs orders to be reasonable.
The Law Society's cross-appeal regarding the evidentiary use of prior judicial comments was also dismissed.
