In Law Society of Upper Canada v. Aguirre, [2007] L.S.D.D. No. 33, several principles informing the appropriate penalty were enunciated, which included: i. discipline record; ii. remorse and acceptance of responsibility or an understanding of the effect of the misconduct on others’ accountability; iii. subsequent compliance and co-operation; iv. extent and duration of the misconduct; v. potential impact of the member’s misconduct upon others; vi. whether the member has admitted misconduct; vii. whether there are extenuating circumstances that might explain, in whole or in part, the misconduct; viii. the misconduct is out of character or conversely likely to recur.
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