Lawyer's appeal of professional misconduct findings, three-month suspension, and $225,000 costs award dismissed.
The appellant, a lawyer, appealed a Law Society Tribunal decision finding he committed professional misconduct during two criminal trials by engaging in uncivil behaviour, failing to competently represent his client, and failing to act with integrity.
The Hearing Panel imposed a three-month suspension and ordered $225,000 in costs.
On appeal to the Divisional Court, the appellant argued the Hearing Panel erred in its application of the test for incivility, improperly admitted expert evidence on the standard of competence, and imposed an unfit penalty and costs award.
The Divisional Court dismissed the appeal.
The majority upheld the findings of misconduct, concluding the appellant's baseless allegations of racial bias and impropriety against trial judges and Crown counsel crossed the line of resolute advocacy.
The court also upheld the penalty and the costs award, finding the Hearing Panel properly considered the appellant's financial circumstances and his conduct in unnecessarily lengthening the disciplinary proceedings.
One judge dissented in part, concluding the costs award was disproportionate and effectively punitive.
