Legal Profession Offences (Sentencing Cases)

Digests

Case Name	Prv.	Crt.	Sentence	Summary
2022
Law Society of Ontario v King, 2022 ONLSTH 6 (CanLII)	ON	AT		Find summaries of case.
LSO v Dakin, 2022 ONLSTH 23 (CanLII)	ON	AT		Find summaries of case.
NSBS v McKeough, 2022 NSBS 1 (CanLII)	NS			Find summaries of case.
NSBS v Brogan, 2022 NSBS 2 (CanLII)	NS	AT
2021
LSO v Ljiljanic, 2021 ONLSTH 5 (CanLII)	ON	AT		Find summaries of case.
LSO v Dinning, 2021 ONLSTH 85 (CanLII)	ON	AT		Find summaries of case.
LSO v Zaitzeff, 2021 ONLSTH 108 (CanLII)	ON	AT		Find summaries of case.
LSO v Campbell, 2021 ONLSTH 112 (CanLII)	ON	AT		Find summaries of case.
LSO v Decock, 2021 ONLSTH 121 (CanLII)	ON	AT		Find summaries of case.
LSO v Ferguson, 2021 ONLSTH 124 (CanLII)	ON	AT		Find summaries of case.
NSBS v Rhyno, 2021 NSBS 4 (CanLII)	NS			Find summaries of case.
NSBS v Robinson, 2021 NSBS 3 (CanLII)	NS			Find summaries of case.
2020
Colpitts, 2020 NSBS 2 (CanLII)	NS			Find summaries of case.
2015
NSBS v White, 2015 NSBS 1 (CanLII)	NS	AT
LSUC v. Dale, 2015 ONLSTH 27 (CanLII)	ON	AT		Find summaries of case.
LSUC v. Chin, 2015 ONLSTH 198 (CanLII)	ON	AT		Find summaries of case.
2014
LSUC v Farant, 2014 ONLSTH 201 (CanLII)	ON	AT		Find summaries of case.
NSBS v Whitehead, 2014 NSBS 2 (CanLII)	AT		"where there was a finding of professional misconduct and professional incompetence, the Panel imposed a 30 day suspension, requirement for ethics education and $40,000 plus HST contribution to costs."	{{{5}}}
LSA v McConnell, 2014 ABLS 4 (CanLII)	AB	AT	"Fine of $5,000; Costs of $13,000"	"Enabling others to achieve an improper purpose by disbursing $708,000 in trust funds for two real estate projects.... No explicit finding of knowing participation in mortgage fraud; Findings made that lawyer let down his guard; “intentional ignorance” and failure to inquire: Delay in proceeding reduced what would otherwise have been a suspension penalty to a fine."
NSBS v MacIsaac, 2014 NSBS 4 (CanLII)	NS	AT	2 months suspension with additional penalties
2013
LSBC v Bauder, 2013 LSBC 7 (CanLII)	BC	AT	"Four month suspension; Costs of $10,000"	"Fraudulently attempting to obtain mortgage financing of his own property by altering a purchase application... Deliberate and dishonest act: isolated lapse; general deterrence emphasized; admission by lawyer that he was responsible for the transaction;"
Moores (Re), 2013 CanLII 67543 (NL LS)	NL	AT	"Three month suspension; Costs of $40,000; Audit of real estate transaction files at discretion of Executive Director for two years"	"Acting on fraudulent real estate files; Conflict of Interest; Other related misconduct...No finding of knowing participation in mortgage fraud; This was a case of “unknowing participation only;” Explicit reference to the Fazio factors in assessing penalty for unknowing participation in mortgage fraud."
2012
LSUC v Sinukoff, 2012 ONLSHP 12 (CanLII)	ON	AT		Find summaries of case.
NSBS v. Jacquard, 2012 NSBS 1 (CanLII)	NS	AT	"12-month suspension; One year practice under direct supervision; Costs of $65,000"	"Failed to provide competent service in real estate transactions; Conflict of Interest; Failure to be honest and candid; Failed to be on guard against becoming dupe of an unscrupulous client or persons associated with the client; Other related misconduct... No finding of knowing participation in mortgage fraud; Panel noted the breaches related to the lawyer “allowing himself to be used as a dupe in an apparent scheme to defraud lenders;” Lawyer failed to recognize the red flags of mortgage fraud." Find summaries of case.
2011
NSBS v. Colpitts, 2011 NSBS 2 (CanLII)	NS	AT		"the Panel imposed a reprimand for acting in conflict of interest despite a prior disciplinary record for the same misconduct."
LSBC v. Rai, 2011 LSBC 2 (CanLII)	BC	AT	Three month suspension; costs of $11,500	"Assisting Clients in Fraudulent Scheme; Acting in Conflicts of Interest; Failure to recognize fraudulent nature of the scheme; Other related misconduct ... No finding of knowing participation in mortgage fraud; Lawyer provided services in real estate transactions that he “ought to have known” were fraudulent. The Law Society did not pursue any finding of actual knowledge."
2010
NSBS v. Blaikie, 2010 NSBS 3 (CanLII)	NS	AT		"a senior lawyer claimed to be under significant stress in his personal life. There were failures to conduct his practice in accordance with the trust account regulations, to adequately separate his business and legal practice, to adequately disclose his status when appearing to act on behalf of clients, and to adequately refer those clients for independent legal advice. Mr Blaikie was suspended for two months and received a costs penalty of $29,000 plus HST."
2008
LSBC v. Nielsen, 2009 LSBC 8 (CanLII)	BC	AT	"Six month suspension; Costs of $4,500; Undertaking not to practise real estate law"	"Assisting Clients in Fraudulent Scheme; Acting in Conflicts of Interest; Failure to serve clients; Failure to follow rules... No finding of knowing participation in mortgage fraud; The lawyer was “oblivious” to the formalities of real estate practice; panel noted the penalties for failing to be on guard"
LSUC v Neinstein, 2008 CanLII 48142 (ON SCDC)	ON	AT		Find summaries of case.
NSBS v. Rhyno, 2008 NSBS 5 (CanLII)	NS	AT	"Nine month suspension; Terms for supervision on return to practice; Costs of $28,000; Not eligible to have an articled clerk for five years"	"Failures in relation to multiple real estate transactions amounting to breaches of integrity, candour, impartiality; duties to the profession; administration of justice and avoiding questionable conduct... No finding of knowing participation in mortgage fraud; Joint submission and admissions of conduct unbecoming, incompetence and professional misconduct."
2007
NSBS v. Rhyno, 2007 NSBS 2 (CanLII)	NS	AT		"the Panel imposed a 30 day suspension, requirement for ethics education, and $10,000 contribution to costs. The transgressions by Mr Rhyno involved self-interested conflict of interest in relation to a client’s legal business, the filing of documents with the Registrar of Joint Stocks which he knew to be false, breaches of confidentiality, and failure to be competent in the corporate work that he did undertake."
NSBS v Cragg, 2007 NSBS 7 (CanLII)	NS	AT		reprimand with additional penalties
NSBS v Gilpin, 2007 NSBS 4 (CanLII)	NS	AT	4-month suspension with additional penalties
2006
LSUC v Kiernan, 2006 ONLSHP 98 (CanLII)	ON	AT		Find summaries of case.
2005
NSBS v Savoie, 2005 NSBS 6 (CanLII)	NS		4-month suspension with additional penalties
2004
LSUC v Babij, 2004 ONLSHP 24 (CanLII)	ON	AT	12 months suspension	"a lawyer’s neglect resulted in misappropriations, engineered by his wife, of approximately $1,900,000." Find summaries of case.
NSBS v Cushing, 2004 NSBS 3 (CanLII)	NS	AT	9-month suspension with additional penalties
NSBS v Romney, 2004 NSBS 7 (CanLII)	NS	AT	12-month suspension with additional penalties
NSBS v Rideout, 2004 NSBS 11 (CanLII)	NS	AT	1-month suspension with additional penalties
2003
NSBS v Anderson, 2003 NSBS 4 (CanLII)	NS		24 month suspension	Find summaries of case.
2002
NSBS v Rhindress, 2002 NSBS 9 (CanLII)	NS		12 month suspension	Find summaries of case.

Costs

• Law Society of Ontario v. Vincent, 2024 ONLSTH 13 (CanLII)