What factors are considered in the professional misconduct penalty process?

British Columbia, Canada


The following excerpt is from Welder (Re), 2007 LSBC 29 (CanLII):

In the case of Law Society of British Columbia v. Ogilivie, [1999] LSBC 17, a number of non-exhaustive factors with respect to the professional misconduct penalty process were listed 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 on 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 deterrents; (l) the need to ensure public confidence in the integrity of the profession; and (m) the range of penalties imposed in similar cases.

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