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Lawyer suspended for seven months for professional misconduct including breaching court and Ministry orders.
The respondent lawyer was found to have engaged in professional misconduct for failing to cooperate with successor counsel, withholding client files and trust funds, delaying settlement payments, failing to report a potential LAWPRO claim, and breaching court and Ministry of Labour orders.
The Law Society sought revocation of his licence, while the respondent sought a one to three-month suspension.
The Tribunal found that while the misconduct was serious and repetitive, revocation was disproportionate given the respondent's rehabilitation efforts and lack of prior discipline history until recently.
The Tribunal imposed a seven-month suspension and ordered the respondent to pay $15,000 in costs.
Lawyer's licence revoked and $100,000 costs ordered for sexual harassment, confidentiality breaches, and failing to co-operate.
The Law Society brought an application against the respondent lawyer alleging professional misconduct, including sexual harassment of clients and non-clients, breach of client confidentiality, failure to report criminal charges, failure to release a client file, and failure to co-operate with investigations.
The respondent, who was incarcerated and did not attend the hearing, was deemed to have admitted the facts.
The Tribunal found that the respondent egregiously abused his position of authority to take advantage of vulnerable clients and engaged in a lengthy pattern of misconduct.
The Tribunal revoked the respondent's licence to practise law and ordered him to pay $100,000 in costs.
RHPA s. 36(3) does not shield a legal representative's conduct from Law Society disciplinary scrutiny.
The Law Society commenced conduct proceedings against a paralegal regarding his communications in matters before the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT).
The paralegal brought a motion to exclude the OPSDT materials, arguing they were inadmissible under s. 36(3) of the Regulated Health Professions Act (RHPA).
The Tribunal dismissed the motion, holding that a Law Society disciplinary proceeding is not a 'civil proceeding' for the purposes of s. 36(3) when scrutinizing the conduct of a legal representative.
The provision does not operate to shield a licensee's behaviour from regulatory oversight by the Law Society.
Lawyer's appeal of licence revocation for misappropriating trust funds and breaching Legal Aid rules dismissed.
The appellant lawyer appealed a penalty decision that revoked his licence and ordered him to pay $44,135 in costs after a hearing panel found he had misappropriated trust funds and breached Legal Aid Ontario rules by privately billing a client while on a certificate.
The Law Society Tribunal Appeal Division dismissed the appeal, finding no error in principle in the hearing panel's application of the presumptive penalty of revocation for misappropriation.
The panel also found no procedural unfairness and upheld the costs order.
Lawyer's licence revoked and restitution ordered for misappropriating over $12 million in client trust funds.
The Law Society of Ontario brought a conduct application against the Licensee for misappropriating over $12 million in client trust funds across 13 real estate matters.
The Licensee admitted to falsifying trust records, breaching undertakings, and using client funds to pay personal and business expenses, including those of her husband's class action practice.
The Tribunal found the Licensee engaged in professional misconduct by failing to act with honour and integrity.
Applying the presumptive penalty for misappropriation, the Tribunal revoked the Licensee's licence, ordered restitution to the Compensation Fund, and awarded $100,000 in costs to the Law Society.
Ex parte search and seizure order granted to Law Society to seize lawyer's electronic devices.
The Law Society of Ontario brought an ex parte motion for a search and seizure order under s. 49.10 of the Law Society Act to seize the respondent lawyer's electronic devices.
The Law Society was investigating allegations of sexual harassment and sought to access the respondent's social media communications.
The court found reasonable grounds that the devices contained relevant evidence and that the order was necessary due to urgency and the respondent's refusal to cooperate.
The motion was granted and the file was temporarily sealed to protect the investigation.