LAW SOCIETY TRIBUNAL
APPEAL DIVISION
Date: June 1, 2026
Tribunal File No.: 25A-013
BETWEEN:
Sergio Grillone
Appellant
- and -
Law Society of Ontario
Respondent in appeal
Before: Pam Hrick (chair), Annamaria Enenajor, Margaret Leighton, William McDowell, Eric Whist
Heard: In writing
Appearances:
Appellant, self-represented
Elaine Strosberg, for the respondent in appeal
Summary:
GRILLONE – Appeals – Costs – The Lawyer had unsuccessfully appealed the finding of misconduct and the revocation of his licence to practise law – The Law Society tendered its bill of costs and the Lawyer did not make any submission on costs – The panel found that the amount sought by the Law Society was below the general range for appeals in light of the fact that the Lawyer raised myriad unmeritorious issues during the appeal – The panel ordered costs of $6,265 in favour of the Law Society.
REASONS FOR DECISION ON COSTS
1Pam Hrick (for the panel):– In Law Society of Ontario v. Grillone, 2026 ONLSTA 5, we dismissed Mr. Grillone’s appeal of a decision finding that he had engaged in professional misconduct and revoking his licence to practise law.
2For the reasons set out below, we order Mr. Grillone to pay costs to the Law Society in the amount of $6,265 payable on the day following the day these reasons are released.
SUBMISSIONS
3The Law Society filed written submissions seeking a costs order on the following terms:
The appellant shall pay costs to the Law Society in the amount of $6,265.00 by 5pm the day following the release of this order. This deadline may be extended by the Law Society in accordance with By-Law 11. Starting the day following the deadline, interest shall accrue on any unpaid part of those costs at a rate of 3% per year.
4The bill of costs submitted in support of this requested order shows that the Law Society’s actual costs in this appeal were $6,265. This included preparing for and attending the appeal hearing, as well as attending a proceeding management conference at which Mr. Grillone unsuccessfully moved to adjourn the appeal three days before it was set to be heard. This amount is based on time spent by counsel at the tariff rates established by Convocation.
5The Law Society notes the Tribunal has consistently emphasized that the legal professions as a whole should not bear the costs of prosecuting licensee misconduct: Law Society of Ontario v Kamal, 2019 ONLSTA 20 at para 48. It cites Law Society of Ontario v Khan, 2021 ONLSTA 7 at para 8 for the factors to be considered in determining a costs award. These factors include the nature and importance of the issues; whether steps in the proceeding were necessary; and the reasonable expectations of the parties.
6Speaking to these factors, the Law Society submits that this appeal featured no important issues and was doomed to fail. The costs claimed are modest, and Mr. Grillone should have expected to pay a reasonable amount if his appeal was unsuccessful.
7Mr. Grillone did not file any responding submissions on costs.
ANALYSIS
8Our statutory authority to order costs is found in ss 49.28 and 49.37 of the Law Society Act, RSO 1990, c L.8.
9Pursuant to Rule 15.1(2) of the Tribunal’s Rules of Practice and Procedure, we may award costs against a licensee where (a) a determination adverse to the licensee was made; or (b) the licensee caused costs to be incurred without reasonable cause or to be wasted by undue delay, negligence or other default.
10To determine the appropriate costs award, we first look to the case law to establish a general range: Law Society of Ontario v Barnwell, 2025 ONLSTA 9 at para 10. Though there are outliers, the general range for costs on appeal is $15,000 to $30,000, with the median costs order being $20,000: Barnwell at para 10, citing Law Society of Ontario v Wilkins, 2021 ONLSTA 20 at paras 8-9.
11Once we have determined the range, per Barnwell at para 11, we then look to:
the complexity of the proceeding;
any conduct of the parties during the Tribunal process that lengthened the proceedings;
any financial hardship that affects the ability of the licensee to pay; and
other factors particular to the case.
12In this case, the costs sought by the Law Society, which are the actual costs it incurred to respond to this appeal, fall well below the general costs range for appeals. While Mr. Grillone raised myriad unmeritorious issues in his appeal, the hearing concluded in a single day. Mr. Grillone has not provided any evidence of financial hardship.
13The modest costs sought by the Law Society are appropriate in light of the applicable framework and consistent with the principle that the professions as a whole should not be required to bear the costs of discipline proceedings.
ORDER
14Accordingly, we order:
Mr. Grillone shall pay to the Law Society costs in the amount of $6,265 by 5:00 PM the day following the date of this order.
The deadline for payment may be extended by the Law Society in accordance with By-Law 11. Starting the day following this deadline, interest shall accrue on any unpaid part of those costs at a rate of 3% per year.