What is the penalty for misconduct in a law practice?

Ontario, Canada


The following excerpt is from Law Society of Ontario v. Mokhnach, 2019 ONLSTH 26 (CanLII):

Tribunal jurisprudence reflects a common approach to such misconduct. This is described at para. 6 of Law Society of Upper Canada v. Howlett, 2017 ONLSTH 228: 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, followed by an indefinite suspension. ... In addition, where it appears a licensee may not return to practising law, a fixed fine is generally imposed to ensure that there is a substantive penalty felt by the licensee and a conditional fine is generally ordered to encourage compliance. This fine can be avoided if the licensee fulfills his or her obligations.

Other Questions


What are the factors used to determine the penalty imposed on a lawyer for gross misconduct? (Ontario, Canada)
What is the penalty for gross misconduct in the legal profession? (Ontario, Canada)
What is the penalty for misconduct short of knowing participation or assistance in mortgage fraud cases? (Ontario, Canada)
What is the penalty of a two-month suspension followed by a one year practice restriction? (Ontario, Canada)
What is the test for reckless dismissal, flagrant misconduct and/or deliberate misconduct? (Ontario, Canada)
What is the penalty of permission to surrender when a licensee is found guilty of misconduct? (Ontario, Canada)
What is the penalty for professional misconduct and conduct unbecoming? (Ontario, Canada)
Is a fine for gross misconduct sufficient to deter future misconduct? (Ontario, Canada)
What is the difference between a penalty that is too harsh for a Licensee to continue to practice? (Ontario, Canada)
What is the test for determining whether a clause in a contract is a penalty or a penalty? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.