The factors informing penalty in cases of misconduct, such as failure to reply, were identified in Law Society of Upper Canada v. Aguirre, 2007 ONLSHP 46 at para. 12. These include: • whether obligations have been complied with; • the extent and duration of the misconduct; • the potential impact on others; • remorse, acceptance of responsibility and understanding of the effect of the misconduct on others; • any extenuating circumstances; • prior disciplinary history; and • whether the misconduct is out-of-character.
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