What is the standard of proof for a motion for interlocutory suspension of a lawyer?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Edmund Manna-Atta Kwaw, 2009 ONLSHP 71 (CanLII):
On a motion for an interlocutory suspension, the issue is not whether the lawyer committed the misconduct, but whether there is a significant risk of harm to the public or the public interest in the administration of justice. Protection of the public interest is paramount, even if the allegations of misconduct are later found to be unsubstantiated. LSUC v. Nawab, [2008] L.S.D.D. No. 58, paras. 11-14, Book of Authorities, Tab 4. Law Society of Upper Canada v. Scott Mcconnell Sullivan, 2008 ONLSHP 83 (CanLII), para. 38, Book of Authorities, Tab 5. The Standard of Proof
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