The Law Society of Ontario investigated the appellant lawyer for failing to promptly and completely produce documents related to his firm's structure and referral fee practices, breaching Rule 7.1-1 of the Rules of Professional Conduct.
The Law Society Tribunal Hearing Division found professional misconduct, which was upheld by the Appeal Division and the Divisional Court.
The appellant argued that the lower courts erred by applying a purely objective test to "good faith" in the duty to cooperate, effectively creating an absolute liability offence.
The Court of Appeal dismissed the appeal, affirming that the test for failure to cooperate is a mixed subjective and objective one, considering all circumstances and good faith efforts, but clarified that ignorance of record-keeping obligations cannot serve as a "good faith explanation" for delay.
