What is the test for professional misconduct under the BC Professional Conduct Guidelines?

British Columbia, Canada


The following excerpt is from Guo (Re), 2021 LSBC 20 (CanLII):

Where the impugned conduct does not meet the test for professional misconduct, it is open to a panel to find that the respondent’s actions have nevertheless resulted in a breach of the Act or Rules where the conduct is not insignificant and arises from insufficient attention being paid to the administrative requirements of a practice (Law Society of BC v. Lyons, 2008 LSBC 9, at para. 32).

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