Does a Respondent’s decision to oppose and defend himself against allegations of misconduct constitute an aggravating factor at a hearing?
Canada (Federal), Canada
The following excerpt is from Chow (Re), 2022 CanLII 10912 (CA MFDAC):
85. In making this submission, Enforcement Counsel noted that while in circumstances where a Respondent acknowledges wrongdoing, reveals a recognition of the seriousness of any misconduct they have engaged in, and expresses a credible commitment to avoid engaging in similar conduct in the future, a Hearing Panel is entitled to treat such demonstration of remorse as a mitigating factor, a Respondent’s decision to oppose and defend himself against allegations of misconduct does not constitute an aggravating factor. Walton v. Alberta (Securities Commission), 2014 ABCA 273 at para 155
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