What is the penalty for gross misconduct in a professional conduct case?

British Columbia, Canada


The following excerpt is from Payne (Re), 2010 LSBC 28 (CanLII):

The factors to be considered in assessing the penalty are set out in Law Society of BC v. Ogilvie, [1999] LSBC 17 (para. 10), as follows: (a) the nature and gravity of the conduct proven; (b) the age and experience of the respondent; (c) the previous character of the respondent, including details of prior discipline; (d) the impact upon the victim; (e) the advantage gained, or to be gained, by the respondent; (f) the number of times the offending conduct occurred; (g) whether the respondent has acknowledged the misconduct and taken steps to disclose and redress the wrong and the presence or absence of other mitigating circumstances; (h) the possibility of remediating or rehabilitating the respondent; (i) the impact upon the respondent of criminal or other sanctions or penalties; (j) the impact of the proposed penalty on the respondent; (k) the need for specific and general deterrence; (l) the need to ensure the public’s confidence in the integrity of the profession; and (m) the range of penalties imposed in similar cases.

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