The applicant sought judicial review of a decision by the Law Society of Ontario Compensation Fund Subcommittee denying her claim for compensation.
The applicant had suffered significant harm, including sexual harassment and defamation, by a lawyer she retained, and obtained an uncollectible civil judgment against him.
The Subcommittee denied the claim on the basis that it did not meet the definition of 'loss' in its Guidelines, stating it was 'without jurisdiction' to assist.
The Divisional Court granted the application, finding that the Subcommittee fettered its broad statutory discretion under section 51(5) of the Law Society Act by treating the non-binding Guidelines as determinative.
The decision was set aside and remitted for reconsideration.
