What is the legal test for disciplinary action against the Law Society of BC for sexual assault?

British Columbia, Canada


The following excerpt is from Mctavish (Re), 2018 LSBC 2 (CanLII):

Whether the proposed disciplinary action is appropriate in this case must be considered within the context of the non-exhaustive list of factors set out in 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.

Other Questions


What is the impact of disciplinary action against the Law Society of BC for sexual assault on the victim? (British Columbia, Canada)
What factors will be considered by the Law Society of BC in determining the appropriate disciplinary action for sexual assault? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What factors will the Law Society of BC consider when determining whether to take disciplinary action against a former employee of the law society? (British Columbia, Canada)
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
Is a disciplinary action acceptable if it is within the range of fair and reasonable disciplinary action? (British Columbia, Canada)
What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
What factors will be considered by a Law Society of BC disciplinary panel in determining the appropriate disciplinary action? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the law society of BC's disciplinary process and what factors are considered by the Law Society of BC disciplinary panel? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.