The Law Society of Upper Canada appealed a decision of the LSUC Appeal Panel, which had set aside a Hearing Panel's penalty of disbarment for a lawyer found guilty of professional misconduct and ungovernability.
The lawyer cross-appealed the finding of professional misconduct.
The Divisional Court dismissed the lawyer's cross-appeal, finding the Appeal Panel correctly applied the reasonableness standard to the misconduct finding.
However, the Court allowed the Law Society's appeal, holding that the Appeal Panel erred by admitting fresh medical evidence and conducting a trial de novo on penalty rather than reviewing the Hearing Panel's decision on a reasonableness standard.
The penalty of disbarment was reinstated.
