Can the Respondent pay a fine for failing to attend work due to illness?

British Columbia, Canada


The following excerpt is from Johnson (Re), 2019 LSBC 4 (CanLII):

The Respondent was recently diagnosed with a very serious health condition and is scheduled to undergo surgery. The Respondent’s ability to work throughout this period will be affected. In short, the Respondent’s ability to pay a fine is constrained by his present circumstances. This is one of the factors that should be considered in calculating the appropriate amount of costs or a fine: Law Society of BC v. Tungohan, 2018 LSBC 15 at para. 15.

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