What is the standard of proof of intent to steal funds from a lawyer's personal account?
British Columbia, Canada
The following excerpt is from Tak (Re), 2014 LSBC 27 (CanLII):
Even applying an abundance of caution to the issue of intent, we are guided by the authority set out in Law Society of BC v. Ali, 2007 LSBC 18, in which the lawyer transferred trust funds to her personal account on a number of occasions without explanation and without providing accounts to her clients. The panel in that case found that the respondent’s conversion of the clients’ funds to her own personal use was deliberate and specific and greater proof of an intention to steal was not required.
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