What are the factors used to determine a penalty at the penalty stage?

An extensive list of factors often considered at the penalty stage in disciplinary matters is provided in Law Society of BC v. Ogilvie, 1999 LSBC 17, at para. 10. This list is not exhaustive and the weight attributed to a factor may vary with the circumstances. Some of the factors may not be engaged in a given case. Others may overlap. Accordingly, not every factor need be expressly reviewed in a panel’s reasons explaining why it has reached a particular determination regarding the appropriate disciplinary action. Moreover, the various “Ogilvie” factors are often consolidated into more general categories that cover the considerations most relevant to arriving at an appropriate sanction in a particular case. We have done so here.