What factors have the parties agreed to consider in a medical malpractice case?

The parties also agreed that we should have regard to the factors cited in Law Society of Upper Canada v. Fazio, 2009 ONLSAP 1: • the extent to which the licensee neglected or abdicated his or her professional responsibilities; • the duration of the neglect or abdication; • whether the neglect or abdication was accompanied by other ethical breaches; • the importance of the ethical breaches in facilitating the client’s criminality and the extent to which the licensee personally benefitted from the subject transactions; • the impact of the misconduct or facilitated criminality on the client or victims; • the size or quantum of the facilitated criminality; • the extent of remorse; • whether the misconduct is admitted and the need for proof obviated; • whether the misconduct was out of character, isolated or explained, in whole or in part, by medical factors; and • the existence or lack of a prior disciplinary history.