What are the factors informing the penalty of a failure to respond?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Croiset Van Uchelen, 2018 ONLSTH 165 (CanLII):
In Law Society Upper Canada v. Aguirre, above, another case concerning failure to respond, the factors informing penalty were identified at para. 12 as: • prior disciplinary history; • remorse, acceptance of responsibility and understanding of the effect of misconduct on others; • whether obligations have been complied with; • the extent and duration of the misconduct; • the potential impact of the misconduct on others; • admitting to the misconduct; • any extenuating circumstance that might explain the misconduct; and • whether the misconduct is out-of-character.
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