Does a licensee have to bear the costs of a finding of misconduct in a conduct application?
Ontario, Canada
The following excerpt is from Ronen v. Law Society of Ontario, 2022 ONLSTH 40 (CanLII):
In conduct applications, it is well-established that a licensee will ordinarily bear the expense where misconduct is found. However, there is no such presumption in licensing applications. As outlined in Polanski v. Law Society of Ontario,[1] the same logic regarding costs does not necessarily apply in a licensing application as in a conduct application. The applicant’s conduct examined by the hearing panel is not conduct as a regulated professional, and the ultimate question is whether the applicant is currently of good character, rather than addressing a past statutory breach with an appropriate penalty.
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