The applicant sought a finding of civil contempt against the respondent for breaching a prior court order prohibiting him from practising law or providing legal services contrary to s. 26.1 of the Law Society Act.
The respondent, a disbarred lawyer, sent correspondence on letterhead identifying himself as a paralegal and offering to negotiate settlement of a civil action on behalf of defendants.
The court held that the order was clear and that the respondent deliberately held himself out as providing legal services and negotiating legal rights despite being prohibited from doing so.
The evidence established contempt beyond a reasonable doubt and the court rejected arguments that the conduct was minor or inadvertent.
Considering the respondent’s history and lack of remorse, the court imposed a custodial sentence to achieve denunciation and deterrence.
