What is the penalty for failing to respond at a disciplinary hearing?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Greenhill, 2021 ONLSTH 13 (CanLII):
It is well-established that the penalty for failure to respond, where the licensee has no discipline history and has not completely responded by the hearing, is generally a one-month suspension and an indefinite suspension. In addition, where it appears that a licensee may not return to practising law or providing legal services, a conditional fine to encourage compliance may also be ordered: Law Society of Ontario v. Owaisi, 2019 ONLSTH 92.
The typical penalty in cases where there is an administrative suspension at the time of the hearing is an indefinite suspension starting immediately and running concurrently with the administrative suspension, followed by a one-month suspension that starts once the complete response has been received and all other current or pending suspensions have been served: Law Society of Ontario v. Jones-Bedard, 2020 ONLSTH 85 at paras. 13-14.
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