7 total
Lawyer's licence revoked and $50,000 in costs ordered for calculated dishonesty in family litigation.
The Law Society Tribunal held a penalty and costs hearing after finding the respondent lawyer engaged in professional misconduct.
The lawyer had acted dishonestly in family law litigation by using a disputed foreign divorce to remove a matrimonial home designation, assisting his client in defeating court orders, and misleading the court and opposing counsel.
The Tribunal determined that while presumptive revocation did not apply, the ordinary penalty analysis required revocation due to the serious and calculated nature of the dishonesty, which undermined public confidence in the profession.
The Tribunal declined to impose an additional fine but ordered the lawyer to pay $50,000 in costs.
Appeal and cross-appeal of penalty for misappropriation dismissed; permission to surrender licence upheld.
The Lawyer appealed a Hearing Division decision permitting him to surrender his licence for professional misconduct involving the misappropriation of trust funds.
He argued the panel misapplied the exceptional circumstances test and should have imposed a suspension.
The Law Society cross-appealed, arguing the panel erred in not revoking the licence.
The Appeal Division dismissed both the appeal and cross-appeal, finding no error in principle or palpable and overriding error.
The panel properly considered the Lawyer's experience of anti-Black racism and other mitigating factors, concluding they justified permission to resign but not a suspension.
Licensee suspended for two months for intimate partner violence and failing to report criminal charges.
The applicant Law Society brought an application alleging the respondent licensee engaged in conduct unbecoming by committing the criminal offence of assault against his former spouse, and professional misconduct by failing to report the charge.
The licensee admitted the allegations and the parties proceeded on an agreed statement of facts.
The tribunal found that intimate partner violence is inherently incompatible with the professional responsibilities of trust and integrity, warranting a suspension.
Acknowledging the licensee's significant rehabilitative efforts and lack of prior discipline, the tribunal ordered a two-month suspension and costs.
Teacher's certificate revoked following criminal conviction and finding of professional misconduct for sexually abusing a student.
The Member, a teacher, pled no contest to allegations of professional misconduct stemming from a sexual relationship with a student.
The Member had previously pled guilty to criminal charges of sexual assault regarding the same student.
The Discipline Committee found the Member guilty of professional misconduct, including sexual abuse of a student.
Accepting a joint submission on penalty, the Committee ordered a written reprimand and the immediate revocation of the Member's teaching certificate, in accordance with the mandatory penalty provisions of the Ontario College of Teachers Act.
Motion to withdraw allegations against member granted on consent after matter resolved by another committee.
The College brought a motion seeking leave to withdraw the allegations against the member set out in a Notice of Hearing.
The member's case had already been dealt with by another Committee of the College, and the member consented to the withdrawal.
The Discipline Committee granted the motion, finding that the withdrawal was reasonable and served to protect the public interest.
Chiropodist suspended for seven months and ordered to pay $25,000 in costs for professional misconduct.
The Member, a registered chiropodist, faced allegations of professional misconduct related to the prescribing and dispensing of custom orthotics and orthopaedic footwear, primarily involving claims submitted to Green Shield Canada.
The Member admitted to failing to meet standards of practice, practicing in a conflict of interest, failing to keep proper records, and signing misleading documents.
The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Penalty, finding the Member guilty of professional misconduct.
The Committee ordered an oral reprimand, a seven-month suspension (with two months remitted upon completion of ethics and record-keeping courses), practice restrictions, supervision, and costs of $25,000.