What is the penalty for a solicitor found guilty of a breach of the code of conduct?

Ontario, Canada


The following excerpt is from College of Physicians and Surgeons of Ontario v. Ghaly, 2021 ONCPSD 31 (CanLII):

In my considerations on penalty, I also had regard for Bolton v. Law Society, [1994] WLR 12 at paras. 15-16, where the following comments are made in addressing the purposes of penalty, which equally apply to physicians and the medical profession: …to maintain the reputation of the solicitors' profession as one in which every member, of whatever standing, may be trusted to the ends of the earth. To maintain this reputation and sustain public confidence in the integrity of the profession it is often necessary that those guilty of serious lapses are not only expelled but denied re-admission. …the solicitor will be a person whose trustworthiness is not, and never has been, seriously in question. Otherwise, the whole profession, and the public as a whole, is injured. A profession's most valuable asset is its collective reputation and the confidence which that inspires. …He can often show that for him and his family the consequences of striking off or suspension would be little short of tragic… Often he will say, convincingly, that he has learned his lesson and will not offend again. On applying for restoration after striking off, all these points may be made, and the former solicitor may also be able to point to real efforts made to re-establish himself and redeem his reputation. All these matters are relevant and should be considered. But none of them touches the essential issue, which is the need to maintain among members of the public a well-founded confidence that any solicitor whom they instruct will be a person of unquestionable integrity, probity and trustworthiness…the consequence for the individual and his family may be deeply unfortunate and unintended…The reputation of the profession is more important than the fortunes of any individual member. Membership of a profession brings many benefits, but that is a part of the price.

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