What is the test for a marked departure?
British Columbia, Canada
The following excerpt is from Bronstein (Re), 2021 LSBC 19 (CanLII):
Factors to consider in determining whether the marked departure test is met include the gravity of the misconduct, its duration, the number of breaches, the presence or absence of bad faith and the harm caused by the misconduct (Law Society of BC v. Vlug, 2018 LSBC 26, at para. 68; Law Society of BC v. Lo, 2020 LSBC 9, at para. 34).
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