What are the factors used by the Law Society of BC to determine if the recommended disciplinary process is appropriate?

British Columbia, Canada


The following excerpt is from Hart (Re), 2014 LSBC 17 (CanLII):

The factors this Hearing Panel must consider in determining if the recommended disciplinary is appropriate are set out in the oft cited Law Society of BC v. Ogilvie, [1999] LSBC 17 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. The factors applicable to this case are set out below.

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