What is the penalty of permission to surrender when a licensee is found guilty of misconduct?

Ontario, Canada


The following excerpt is from Law Society of Ontario v. Keith, 2019 ONLSTH 8 (CanLII):

The penalty of permission to surrender in these circumstances was described as follows in Law Society of Upper Canada v. Willoughby, 2015 ONLSTH 129 at para. 20: Permission to surrender is generally treated as the second most serious penalty, imposed when a panel finds that a licensee should not continue to practise law but the circumstances are less serious than those that warrant revocation. In our view, it can also be imposed in different circumstances. Sometimes, as here, a licensee facing discipline may not wish to continue practising law or providing legal services. There would be little point in requiring the licensee to serve a suspension, then surrender his or her licence. This approach allows licensees to make decisions that are best for them and also protects the public interest. Of course, it should not be done where it would improperly allow the licensee to avoid other investigations or hearings or the penalty of revocation.

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