What is the "marked departure" test?
British Columbia, Canada
The following excerpt is from Gellert (Re), 2013 LSBC 22 (CanLII):
Conduct falling within the ambit of the “marked departure” test will display culpability that is grounded in a fundamental degree of fault, but intentional malfeasance is not required – gross culpable neglect of a member’s duties as a lawyer also satisfies the test (Martin, para. 154; Law Society of BC v. Singh, 2013 LSBC 76, paras. 11-12).
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