What is the legal test for a Licensee who has been suspended from practising LSD while under suspension?

Ontario, Canada


The following excerpt is from Law Society of Ontario v. Robinson, 2019 ONLSTH 32 (CanLII):

The general principle with respect to practising while under suspension is that a Licensee should not benefit or profit from having done so. This generally means that the Licensee will be suspended for at least as long as the unauthorized practice took place. Law Society of Upper Canada v. Fejes, 1994, LSDD No. 44.

This must be balanced against a penalty that is too harsh and prevents the Licensee from ever returning to practice. Law Society of Upper Canada v. Emond, 2007 ONLSHP 32.

Other Questions


What is the appropriate suspension for a lawyer who has been suspended from practising law for 18 months? (Ontario, Canada)
What is the effect of a fixed suspension on a licensee's licence? (Ontario, Canada)
In what circumstances have the Law Society of Upper Canada suspended or suspended a lawyer for misrepresentation on a mortgage application? (Ontario, Canada)
What is the legal test for having a beneficiary be a child of full legal capacity? (Ontario, Canada)
What is the consequence of an indefinite suspension followed by a two-month definite suspension? (Ontario, Canada)
When a licensee is already suspended, can a penalty for non-cooperative behaviour be met with a conditional penalty? (Ontario, Canada)
In what circumstances has the Licensee been found guilty of defrauding clients A and B using his licence to provide legal services? (Ontario, Canada)
What is the test for imposing an indefinite suspension before the indefinite suspension for a defined time? (Ontario, Canada)
What is the legal test for adjournment of an interlocutory suspension motion by the Law Society of Upper Canada? (Ontario, Canada)
What is the impact of a licensee’s conduct that compromises the licensee's integrity? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.