12. The second case cited by both counsel as helpful in determining the appropriate range of penalty for the Member’s conduct is Law Society of Upper Canada v. Kimberly,  L.S.D.D. No. 10 [hereinafter Kimberly]. In Kimberly, the lawyer forged her client’s signature on three separate affidavits in support of motions to extend the time period within which her client would be able to make certain applications in the context of a family law proceeding. On each occasion, the lawyer spoke with the client and obtained instructions to seek an extension but the lawyer did not explain what this entailed and that an affidavit and motion would be required. Instead, the lawyer prepared brief affidavits in the name of the client and signed the client’s name. The lawyer then commissioned the forged affidavits and filed them with the court. The client did not agree with some of the contents of the affidavits and certain details were incorrect. The lawyer indicated that she acted in order to preserve her client’s rights in time sensitive circumstances and that the details in the affidavits were obtained from the client during phone and email exchanges.
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