2 total
Appeal of six-month suspension for professional misconduct dismissed; lawyer's actions constituted serious departure from professional standards.
The appellant lawyer appealed findings of professional misconduct and a six-month suspension imposed by the Law Society of Upper Canada.
The misconduct arose from his representation of a severely injured client and the client's spouse amidst family conflicts over care and property.
The lawyer was found to have acted in a conflict of interest, breached court orders, commissioned a misleading affidavit, and delayed a settlement to prevent a Law Society complaint.
The Divisional Court dismissed the appeal, finding the Law Society Appeal Panel's decision reasonable and the penalty well within the appropriate range for the serious departure from professional standards.
Lawyer's appeal of penalty permitting surrender of licence for 43 particulars of professional misconduct dismissed.
The appellant lawyer appealed a decision of the Law Society Appeal Panel, which upheld a Hearing Panel's penalty permitting her to surrender her licence, failing which it would be revoked.
The appellant argued the penalty was unreasonable and the Hearing Panel failed to provide adequate reasons.
The Divisional Court dismissed the appeal, finding the penalty reasonable given the appellant's 43 particulars of professional misconduct, lack of insight, and psychiatric evidence indicating a notoriously difficult-to-treat personality disorder.
The court also held the Hearing Panel's reasons were adequate and permitted meaningful review.
