Lawyers: Orders and Dispositions

Listed below are Law Society Tribunal orders. The Tribunal is responsible for determining the appropriate disposition of notices of application and referral for hearing. Orders may be searched alphabetically.

Effective June 1, 2014 the following notations are used on these pages:

"UNDER APPEAL - APPEAL DIVISION" is included where a party has appealed to the Appeal Division. It is removed once the appeal is determined.

"UNDER APPLICATION FOR JUDICIAL REVIEW" is included where the Tribunal Office has been advised that a party has brought an application for judicial review to the Divisional Court. It is removed once the judicial review is determined.

"UNDER APPEAL - DIVISIONAL COURT" is included where the Tribunal Office has been advised that a party has appealed to the Divisional Court. It is removed once the appeal is determined.

"UNDER APPEAL - COURT OF APPEAL" is included where the Tribunal Office has been advised that a party has appealed to the Court of Appeal. It is removed once the appeal is determined.

Orders may be updated to reflect amendments or corrections.

Reasons for decision, when provided by a panel, are available free of charge on the Canadian Legal Information Institute Website (CanLII). 

You may contact the Tribunal Office to receive a copy of an order:

Toll-free: 1-800-668-7380 ext. 5249

Telephone: 416-947-5249

Address: 130 Queen Street West, Toronto Ontario M5H 2N6


Email: tribunal@lsuc.on.ca

Web: www.lawsocietytribunal.ca

Attention news media: The Communications Department of the Law Society of Upper Canada sends summaries of Tribunal decisions to media on a weekly basis. If you are a member of the media and would like to be added to this distribution list, please contact dinnes@lsuc.on.ca.   

 

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Melva Janet Aarons (2003), of the City of Toronto, was found to have engaged in professional misconduct for failing to provide a complete response to communications from the Law Society.

By Decision and Order dated December 7, 2006, the Hearing Panel ordered that:

  • the Member is suspended for 1 month, commencing at the conclusion of her current administrative suspension, and continuing indefinitely until the Member has provided a response to the 3 complaints, to the satisfaction of the Secretary of the Law Society.
  • the Member shall comply fully with the terms of the Law Society's Guidelines for Suspended, Resigned or Disbarred Members and Members Who Have Given an Undertaking Not to Practise while suspended pursuant to the Order.
  • the Member shall pay costs to the Law Society in the amount of $4,000.00 forthwith, however payable within 60 days of the date of the Order, and as a precondition to the Member's return to practice.
    (Counsel for the Society, Elizabeth Parenteau/ Member not present and not represented)  

Glen Hugh Peter Abrahams (1984), of the City of Toronto, was found to have engaged in professional misconduct for: acting in a conflict of interest with respect to the purchase and sale of a property when he acted on behalf of the purchaser and vendor and failed to make adequate disclosure to his purchaser client; misleading his trust company client by informing it that it had good and valid first mortgage when he knew there was an existing mortgage on the property, held by a named individual, which had not been discharged; and for misleading the insurer by representing to them that his client held a first mortgage and when he omitted to inform them of the existing mortgage held by a named individual.

By Decision and Order dated April 25, 2008, the Hearing Panel ordered that:

  • the Licensee be suspended for 15 days, commencing on August 1, 2008 up to and including August 15, 2008;
  • the Licensee shall comply fully with the terms of the Law Society's Guidelines for Lawyers Who Are Suspended or Who Have Given an Undertaking Not to Practice , [a copy of which was attached to the formal Order], while suspended pursuant to this Order;
  • the Licensee shall pay costs to the Law Society in the amount of $2,000 within 90 days.

(Counsel for the Society, Lisa Freeman / Counsel for the Lawyer, Leo P. Clyne)

Glen Hugh Peter Abrahams (1984), of the City of Toronto, was found to have engaged in professional misconduct for:

  • failing to co-operate with a Law Society investigation into his conduct arising from a complaint by failing to provide a complete response to requests from the Law Society.

By Decision and Order dated December 13, 2013, the hearing panel ordered as follows:

  1. The Lawyer is suspended for one month, commencing immediately, and continuing indefinitely thereafter until the following condition is met, to the satisfaction of the Director of Professional Regulation:
    1. the Lawyer has produced a complete response to the requests made in a letter from the Law Society, dated January 22, 2013, as referred to in Application LCN81/13, or he has demonstrated that it is impossible to produce a complete response.
  2. The Lawyer shall comply fully with the terms of the Law Society's Guidelines for Lawyers who are Suspended or who have given an Undertaking not to practise while suspended pursuant to this Order.
  3. The Lawyer shall pay costs to the Law Society fixed in the amount of $10 000.00 by June 13, 2014, failing which, interest will accrue at a rate of 3% per annum thereafter.

(Counsel for the Society, Owen Minns / the Lawyer self-represented)

Glen Hugh Peter Abrahams (1984), of the City of Toronto. By Order dated April 22, 2014, the Law Society Tribunal - Hearing Division dismissed the Lawyer's motion for an adjournment of his hearing and allowed, in part, his motion to withdraw deemed admissions. The hearing continued by way of written submissions on costs submitted by the Law Society.

By Order dated July 4, 2014, the Law Society Tribunal - Hearing Division ordered as follows:

  1. The Lawyer shall pay the Law Society costs of the motion of $6,397.78.
  2. Postjudgment interest on the above amount shall be payable effective 60 days from the date of the Order at the rate of 3% per annum.

(Counsel for the Society, Glenn Stuart / The Lawyer self-represented)

Michael John Adams (1992), of the City of Sault Ste. Marie, was found to have engaged in professional misconduct for: failing to serve a client; failing to account to a client for retainer monies; failing to deposit retainer monies into his trust account; and failing to reply to communications from the Law Society.

By Decision and Order dated August 10, 2006, the Hearing Panel ordered that:

  • the Member's rights and privileges be suspended for a definite period of 1 month commencing at the termination of his current administrative suspension.
  • after the definite suspension is terminated, the Member be suspended indefinitely until he provides an accounting and report to his client in relation to the matter for which he was retained and for which he was paid $4,250.00 by his client.
  • the Member shall enter into the Law Society's Practice Review Program pursuant to s. 42 of the Law Society Act, fix a date for the attendance by the practice reviewer within 2 months of his return to the practice of law, implement forthwith any recommendations made as a result of the practice review and participate in a second practice review 6 months after the date of the first practice review, the purpose of which will be to assess the degree of implementation by the Member of the recommendations made. The Member shall contribute to the cost of the practice review, if any, to the maximum amount of $500.00.

(Counsel for the Society, Maureen Helt/ Member not represented, participated via teleconference)

Mark Ofosu Addo (1996) of the City of Mississauga, was found guilty of professional misconduct for:

  • between July, 1996 and December, 1997, he misappropriated the sum of $20,673.63 in total, more or less, from the funds which he held in his mixed trust account on behalf of all his clients;
  • between July, 1996 and March, 1998, he misapplied the sum of $19,591.00 in total, more or less, from the funds which he held in his mixed trust account on behalf of all clients;
  • throughout the period July, 1996 to date, he failed to maintain adequate books and records as required by sections 15(1) and 15(2) of Regulation 708, made pursuant to the Law Society Act, resulting in many unallocated receipts to and disbursements from his mixed trust account;
  • he failed to serve his client, PM Co., in a conscientious, diligent and efficient manner, by failing to complete the work for which he was retained; and
  • he failed to respond to his client's new counsel in a timely fashion, despite several reminder letters from the counsel and, he failed to fulfil a financial obligation to the counsel, in connection with his law practice, in the amount of $1,888.34, more or less.

Hearing panel ordered that:

  • the member is disbarred as a barrister, his name struck off the roll of solicitors, his membership in the Law Society is revoked and he is prohibited from acting or practising as a barrister or solicitor and from holding himself out as a barrister or solicitor.

James Philip George Addy (1958), of the City of Toronto, was found guilty of professional misconduct for:

  • on or about January 27, 1999, filing with the Ontario Court (General Division) (now known as the Superior Court of Justice), an "Application for a Certificate of Appointment of Estate Trustee with a Will (Individual Applicant)", with respect to the Estate of JAR, and filing with same an Affidavit of Service, commissioned by him, that was materially misleading in that it falsely stated that notice of the Application had been served on certain parties, namely, BT, who was the custodial parent of certain minors who were the children of the testator, and, were beneficiaries of the Estate, and the Children's Lawyer;
  • commencing in October of 1997, while acting as solicitor for, and, Trustee of the Estate of JR, failing to serve the interest of the Estate and the beneficiary as follows:
    • he failed to provide notice to the Office of the Public Guardian and Trustee, and, the beneficiary, in accordance with section 1, of the Charities Accounting Act, R.S.O. 1990 c.C-10, as amended;
    • he failed to provide notice to the beneficiary or the Public Guardian and Trustee of an Application made by him for a Certificate of Appointment of himself as Estate Trustee;
    • he filed with the aforementioned Application an Affidavit of Service that was false and misleading, in that it stated that the Public Guardian and Trustee and the beneficiary had been given notice of the said Application;
    • he failed to disburse the proceeds of the Estate to the beneficiary in a timely fashion;
    • he made improvident loans from Estate funds, and did so without notice to, or authorization from the beneficiary of the Estate, as follows;
      • on July 31, 1998, he loaned $75,000 from the Estate to PJK, without security, and without exercising reasonable caution to ensure the creditworthiness of PJK.;
      • on August 27, 1998, he loaned $10,000 from the Estate to FB and AB, without security, and without exercising reasonable caution to ensure the credit worthiness of the borrowers;
      • on December 21, 2000, he provided, in trust, on behalf of the Estate, a mortgage to JR and MC, concerning property in Toronto, in the amount of $80,000, without exercising reasonable caution to ensure the creditworthiness of JR and MC;
    • on February 6, 2001, he accepted, on behalf of the Estate, full payment of the aforementioned mortgage loan made by him, in trust, for the Estate to JR and MC, in the amount of $80,000, without charging and collecting interest in respect of said mortgage loan, and;
    • when making the aforementioned mortgage loan on behalf of the Estate, he failed to comply with the provisions of By-Law 18 of the By-Laws of the Law Society of Upper Canada, and in particular failed to comply with section 7 of By-Law 18 by failing to prepare a Declaration of Trust, with respect to the investment, and complete and file Forms 18A and 18B with the Law Society.
  • during February 2001, while acting as solicitor for VM in her capacity as Trustee for MS, acting for same in relation to the assumption of the beneficial interest in a mortgage held by him as mortgagee, in trust, on behalf of the Estate of JR, with the mortgagors being JR and MC, concerning property in Toronto, and in so doing failing to comply with the provisions of By-Law 18 of the By-Laws of the Law Society of Upper Canada, and in particular failing to comply with section 7 of By-Law 18 by failing to prepare a Declaration of Trust, with respect to the investment, and complete and file Forms 18A and 18B with the Law Society.

The Hearing Panel ordered that

  • the Member's rights and privileges are suspended for a period of four (4) months, commencing October 15, 2003.
  • upon the Member's return to the practice of law, the Member will be supervised for one (1) year on terms and conditions to be determined by counsel and the Secretary of the Law Society.
  • the Member shall pay to the Law Society costs in the amount of $10,000.00 within one (1) year of the date on which the Member returns to the practice of law.

(Counsel for the Law Society, William Donegan/Counsel for the Member, William Trudell)

Edwin Wayne Adler (1968) of the City of Hamilton, was found guilty of professional misconduct for:

  • between May 1998 and December 1999, participating in a dishonest, fraudulent, criminal or illegal scheme to obtain mortgage financing based on inflated purchase prices concerning 12 properties located in Hamilton.
  • between May 1998 and December 1999, failing to serve his mortgagee clients in respect of the second/resale transactions respecting the 12 properties located in Hamilton by:
    • failing to disclose to them when he represented the vendor as well as the purchaser in these transactions;
    • failing to notify them of material and important information of which he was aware in these transactions; and
    • failing to make the necessary inquiries with respect to, and obtain explanations for, the unusual and/or questionable aspects and circumstances of these transactions.
  • on or about July 1998, failing to serve his mortgagee client in respect of a purchase and sale transaction concerning one of the 12 properties located in Hamilton by:
    • failing to disclose it when he represented the vendor as well as the purchaser in this transaction;
    • failing to notify it of material and important information of which he was aware in this transaction; and
    • failing to make the necessary inquiries with respect to, and obtain explanations for, the unusual and/or questionable aspects and circumstances of this transaction.
  • between December 1998 and February 1999, when acting for private lenders, failing to maintain a file for each charge, containing completed Forms 18A and 18B, in accordance with By-Law 18, made pursuant to the Law Society Act .
  • between May 1998 and September 1999, acting for all the parties, namely the vendors, purchasers/mortgagors and the lenders/mortgagees, to several real estate transactions, where there was a conflicting interest:
    • without providing adequate disclosure to or obtaining the consent of his mortgagee clients; and
    • without advising all your clients that no information received in connection with these transactions could be treated as confidential vis-à-vis the other parties.
  • between May 1998 and December 1999, failing to disclose to his mortgagee clients his ongoing relationship with D.S., T. Realty, S.C., A.C. and a numbered Ontario company and recommend that they obtain independent representation.
  • on or about August 1999, commissioning an affidavit, even though he was not present when the affidavit was signed.

The Hearing Panel ordered that:

  • the Member is disbarred.

(Counsel for the Society, Naomi Overend/ Member and his Counsel not present)

Ricardo Max Aguirre (1999), of the City of Toronto, was found to have engaged in professional misconduct for failing to respond to communications from the Law Society.

By Decision and Order dated April 23, 2007, the Hearing Panel ordered that:

  • the Member is suspended immediately for 45 days, to be followed by an indefinite suspension that will continue until he has produced to the Law Society a complete response to the two complaints to the satisfaction of the Secretary of the Law Society.
  • the Member shall comply with the terms of the Law Society's Guidelines for Suspended, Resigned or Disbarred Members and Members Who Have Given an Undertaking Not to Practise while suspended pursuant to this Decision and Order.
  • the Member shall pay costs to the Law Society in the amount of $2,500.00 payable within 6 months of the date of this Decision and Order; $1,250.00 of this amount shall be payable, in any event, before he returns to the practice of law.

(Counsel for the Society, Maureen Helt / Member not present and not represented, duty counsel assisted by telephone)  

 

Ricardo Max Aguirre (1999), of the City of Toronto, was found to have engaged in professional misconduct, with respect to nine complainants:

  • with respect to eight clients:
    • receiving retainer monies in trust and failing to pay the retainer monies into an account designated as a trust account
    • failing to render an account for retainer monies received;
  • writing a personal cheque to one client as reimbursement for trust monies, which cheque was rejected by the bank;
  • misappropriating a total of $7,825, more or less, from seven of the complainants
  • misleading four clients with respect to the status of work that he was retained to do, including:
    • immigration applications, an application for a work permit and an application to remain in Canada on humanitarian and compassionate grounds;
  • failing to serve his clients by:
    • with respect to five clients, failing to respond to telephone and written communications
    • with respect to four clients, failing to keep them apprised of the status of their matters
    • with respect to three clients, failing to complete the work that he was retained to do
    • with respect to four clients, failing to follow their instructions
    • failing to advise one client that he was administratively suspended and failing to arrange for alternate counsel to complete the work in progress
    • failing to communicate with one client;
  • failing to maintain the books and records of his law practice; and
  • failing to fulfill an Acknowledgement that he signed to the Society's Investigations and Spot Audit Program to freeze his existing co-mingled account and to open a new mixed trust account and deposit all new trust funds into this account.

By Decision and Order dated March 16, 2009,* the Hearing Panel ordered as follows:

  1. The Lawyer is permitted to surrender his licence, provided that he signs an undertaking, satisfactory to the Law Society, that he will not apply to the Law Society either to be readmitted as a barrister and solicitor or to be licensed as a paralegal.
  2. The Lawyer shall pay to the Compensation Fund the sum of $4,150.
  3. The Lawyer shall pay costs to the Law Society in the amount of $15,000, in addition to the costs award of April 28, 2008.

(Counsel for the Society, Susan Heakes and Jan Parnega / Counsel for the Lawyer, Nicholas A. Xynnis)

*By Amended Decision and Order dated March 16, 2009 the Hearing Panel ordered as follows:

  1. The Lawyer is permitted to surrender his licence, provided that he signs an undertaking, satisfactory to the Law Society, that he will not apply to the Law Society either to be readmitted as a barrister and solicitor or to be licensed as a paralegal (the "Undertaking"). The Undertaking must be executed by the Lawyer and returned to the Law Society within 30 days of delivery to counsel for the Lawyer. In the event that the Lawyer does not sign the Undertaking and return it to the Law Society, the Lawyer's licence shall be immediately revoked.
  2. The Lawyer shall pay to the Compensation Fund the sum of $4,150.
  3. The Lawyer shall pay costs to the Law Society in the amount of $15,000, in addition to the costs award of April 28, 2008.
James Norman Aitchison (1976) of the City of Oshawa, applied for an order discharging terms of the Order of the hearing panel dated October 5, 2000, which required him:

• to undertake not to represent both lender and borrower in a mortgage or loan transaction except in specified circumstances; and
• to not act as both mortgage broker and lawyer on the same transaction except in specified circumstances.

By Decision and Order dated September 12, 2011, the hearing panel ordered as follows:

1. The Order of the hearing panel, dated October 5, 2000, be varied to set aside and delete paragraphs 2 and 3 thereof; and
2. The Lawyer is released from his undertaking, dated October 5, 2000, given as ordered by paragraph 2 of the October 5, 2000 Order.

(Counsel for the Society, Jan Parnega-Welch / Counsel for the Lawyer, Brian P. Bellmore)

Emmanuel Omon-Bhio Akioyamen (2010) of the City of Toronto, was found to have engaged in professional misconduct for failing to co-operate with an investigation by failing to provide written representations and documents requested by the Law Society in regards to two complaints.

By Decision and Order dated March 30, 2012 the hearing panel ordered as follows:

  1. The Lawyer shall be suspended for one (1) month, commencing at the conclusion of his administrative suspension, and continuing indefinitely thereafter until the following conditions are met, to the satisfaction of the Director of Professional Regulation:
    1. The Lawyer has provided written representations to the complaint of M.R. and documents as requested by the Law Society in the correspondence set out in Notice of Application LCN12/12; and
    2. The Lawyer has provided written representations to the complaint of C.Z. and documents as requested by the Law Society in the correspondence set out in Notice of Application LCN12/12.
  2. The Lawyer shall comply fully with the terms of the Law Society's Guidelines For Lawyers Who Are Suspended Or Who Have Given An Undertaking Not To Practise, while suspended pursuant to this Order.
  3. The Lawyer shall pay costs to the Law Society fixed in the amount of $3952.50 within six (6) months of the date of this Order, failing which interest shall accrue at a rate of 3% per annum thereafter.

(Counsel for the Society, Nisha Dhanoa / the Lawyer was not present and not represented)

Emmanuel Omon-Bhio Akioyamen (2010) of the City of Toronto, was found to have engaged in professional misconduct for:

  • failing to respond to and co-operate with an investigation into a complaint by failing to produce information and documents requested by the Law Society; and
  • failing to notify the Law Society in writing immediately after changing his contact information.

By Decision and Order dated April 3, 2014, the hearing division ordered as follows:

  1. The Lawyer shall be suspended for three months, commencing on the date on which his indefinite suspension under paragraph 1 of the hearing panel's Decision and Order in File No. LCN12/12 terminates.
  2. Commencing at the conclusion of the three-month suspension under paragraph 1, the Lawyer shall be suspended indefinitely, if by that date, the Lawyer has not, to the satisfaction of the Director of Professional Regulation,

a)     responded to an co-operated with the Law Society's investigation into the complaint of P.A. by producing information and documents, including books and records, as requested in letters from the Law Society dated June 6, July 8, July 24 and August 12, 2013; and

b)    notified the Law Society in writing of his full contact information.

3.  While suspended pursuant to this Order, the Lawyer shall comply fully with the terms of the Law Society's Guidelines for Lawyers who are Suspended or who have given an Undertaking not to practise. 

4.  If on December 31, 2014, the Lawyer remains suspended pursuant to paragraphs 1 or 2, above, his licence to practise law shall be revoked and his name shall be struck from the Rolls, effective on that date.  

5.  If his licence is revoked on December 31, 2014, the Lawyer shall comply fully with the terms of the Law Society's Guidelines for former Lawyers whose Licences have been revoked or who have been permitted to surrender their Licences from the date of revocation. 

6.  The Lawyer shall pay costs of $11,984.85 to the Law Society within one year of the date of this Decision and Order, failing which interest will accrue at the rate of 3% per annum thereafter.   

(Counsel for the Society, Anne Katherine Dionne / the Lawyer was not present and not represented)

   

 

Akbar Ali (1995) of the City of Mississauga, was found to have engaged in professional misconduct for:

  • participating in or knowingly assisting in dishonest or fraudulent conduct by his vendor and purchaser clients, or associated persons, to obtain mortgage funds under false pretences in connection with transactions involving 22 properties;
  • failing to be honest and candid when advising his lender clients and purchaser clients in connection with the transactions, by failing to disclose material facts to his lender clients and purchaser clients;
  • acting for multiple parties in the transactions, without adequate disclosure to or consent from his lender clients;
  • failing to serve his lender clients and purchaser clients in the transactions to the standard of a competent lawyer; and
  • improperly registering a Discharge of a Charge in a transaction.

By Decision and Order dated July 26, 2011 the hearing panel ordered as follows:

  1. The licence granted to the Lawyer to practise law is revoked, effective immediately.
  2. The Lawyer shall pay to the Law Society of Upper Canada costs fixed in the sum of $50,000, to be paid in full not later than April 30, 2013.

(Counsel for the Society, Tanus Rutherford / Counsel for the Lawyer, David A. Seed)

Jikrishin Rupchand Ambwani (1992), of the City of Toronto, was found to have engaged in professional misconduct for

  • knowingly participating in or assisting dishonest or fraudulent conduct by his vendor and purchaser clients, or associated persons, to obtain mortgage funds under false pretences in connection with the sale, purchase and mortgage transactions (the “Transactions”) involving seventeen properties;
  • failing to be honest and candid when advising his lender clients in connection with the Transactions. In particular, he failed to disclose or misrepresented material facts to his lender clients;
  • acting for multiple parties in the Transactions, without adequate disclosure to or consent from his various clients;
  • failing to serve his lender client to the standard of a competent lawyer in the Transactions.

By Decision and Order dated October 26, 2010 the Hearing Panel ordered as follows:

  1. Jaikrishin Rupchand Ambwani is hereby granted permission to surrender his licence to practice law and resign his membership in the Law Society.
  2. Jaikrishin Rupchand Ambwani shall pay the costs to the Law Society in the amount of $5,000 within six months of this date.

(Counsel for the Society, Leslie Maunder / Counsel for the Lawyer, C. Emmanuel Irish)

Charles Ato Amissah-Ocran (1998) of the City of Brampton. The Law Society brought a motion for an interlocutory order under s.49.27 of the Law Society Act suspending the Lawyer’s licence.

By Order dated December 2, 2010 the hearing panel ordered as follows:

  1. This motion is adjourned to Monday, December 20, 2010 or on such other date as may be set by the Tribunals Office.
  2. The Tribunals Office is directed to make reasonable efforts to re-schedule this motion earlier than December 20, 2010.
  3. Commencing immediately and continuing until this motion is disposed of on its merits, or until further order of the Hearing Panel, the licence of the Lawyer is suspended on an interim interlocutory basis.
  4. The Lawyer shall comply fully with the terms of the Law Society’s Guidelines for lawyers who are suspended or who have given an undertaking not to practise while suspended pursuant to this Order.
  5. If requested by the Law Society, then the Lawyer shall forthwith sign a Direction, in a form provided by the Law Society, authorizing the Law Society to take all steps necessary to cancel the Lawyer’s Teranet account and access while suspended pursuant to this Order.

(Counsel for the Society, Tanus Rutherford / the Lawyer self-represented)

Charles Ato Amissah-Ocran (1998), of the City of Mississauga, was found to have engaged in professional misconduct for:

  • failing to be on guard against being duped by unscrupulous persons in connection with twelve transactions;
  • failing to be honest and candid with his lender clients;
  • failing to serve his lender clients to the standard of a competent lawyer;
  • failing to serve four clients to the standard of a competent lawyer by failing to pay out and discharge their mortgages in connection with three properties;
  • allowing other persons to use his personalized specially encrypted diskette to access the system for the electronic registration of title documents and disclosed his passphrase to them;
  • improperly delegating tasks to non-lawyers and failing to properly supervise the non-lawyers when acting on the transactions;
  • abdicating his professional responsibility by allowing non-lawyers to process real estate transactions in his name when he had no or little knowledge of the key features of the transactions or the actions taken or not taken by the non-lawyers and exercised no or little professional judgment;
  • breaching an undertaking to the Director of Land Registration by failing to supervise two individuals when they accessed the system for electronic registration of title documents;
  • breaching an undertaking to a client by failing to pay out and discharge a mortgage registered against a property;
  • breaching an undertaking to another lawyer by failing to pay out and discharge a mortgage registered against a property;
  • breaching an undertaking to another lawyer by failing to pay out and discharge a mortgage registered against another property;
  • failing to maintain and preserve all books and records;
  • failing to maintain and preserve client files for nine properties;
  • failing to account to his clients on their re-financing or sales of three properties;
  • withdrawing from trust more money than was held on behalf of a client;
  • misapplying or mishandling mixed trust funds, and improperly withdrawing mixed trust funds.

 

By Decision and Order dated January 16, 2013, the hearing panel ordered as follows:

  1. The licence of Charles Ato Amissah-Ocran issued under the Law Society Act is suspended for a period of two years, commencing retroactively on December 2, 2010 and continuing indefinitely thereafter until:
    1. he demonstrates to the Director of Professional Regulation that his books and records from January 2008 to December 2010 are current and in full compliance with By-Law 9, or demonstrates that such compliance is no longer possible, including without limitation:
      1. complete and accurate monthly trust reconciliations;
      2. complete and accurate client trust ledgers for A.A. on her sale of Property L in September 2010 and for H.T.C. on a mortgage for Property B in September 2010;
      3. a copy of trust account bank statement for August 2008 and copies of cheques recorded therein; and
    2. he demonstrates to the Director of Professional Regulation that he has delivered a report and trust ledger statement to J.M./P.M., L.R. and A.A. in connection with Properties J, K and L, respectively.
  2. The licence of Charles Ato Amissah-Ocran shall be subject to the following condition for a period of two years from the date of his return to practice: he will provide to the Monitoring & Enforcement Department of the Law Society, by no later than the last day of each quarter, a copy of his monthly trust and general bank account statements, monthly trust comparisons, receipt and disbursement journals, client trust listings, and trust reconciliations for the preceding quarter.
  3. Charles Ato Amissah-Ocran shall comply fully with the terms of the Law Society's Guidelines for Lawyers Who Are Suspended or Who Have Given an Undertaking Not to Practise, while suspended pursuant to this Order.
  4. Charles Ato Amissah-Ocran shall pay costs to the Law Society in the amount of $5,000 on or before January 16, 2016, failing which post-judgment interest shall accrue at the rate of 3% per annum.

(Counsel for the Society, Tanus Rutherford / the Lawyer was assisted by Duty Counsel)

Julie Evelyn Amourgis (1971), of the City of Toronto, applied to the Hearing Panel for a variation pursuant to s. 49.42 (1) of the Law Society Act .

By Decision and Order dated June 23, 2009, the Hearing Panel ordered as follows:

  1. The Order of Convocation, dated January 21, 1999, in the Matter of the Law Society Act and in the Matter of Julie Evelyn Amourgis of the City of Toronto and in the Matter of an Application for Readmission to the Law Society of Upper Canada is discharged.
  2. The Lawyer shall schedule a first practice review and ensure that the review takes place within six months of the date of this Order.
    1. The Lawyer shall co-operate with the first practice review and implement recommendations made as a result of the review;
    2. The Lawyer shall participate co-operatively in a second practice review, the purpose of which will be to assess the degree to which the Lawyer implemented recommendations of the first practice review; and
    3. The Lawyer shall schedule and ensure that the second practice review takes place within six months of the first practice review.  
    4. The Lawyer shall pay the costs of her participation in both the first and second practice reviews.  

(Counsel for the Society, Janice Duggan / Counsel for the Lawyer, William Trudell and Mark Lapowich)

 

David Ian Anber (2009), of the City of Ottawa, was found to have engaged in professional misconduct for:

  • breaching his obligation of confidentiality to his client by posting on the Internet disclosure he received from the Crown in relation to the criminal prosecution of that client;
  • breaching an undertaking he had given to the Crown, to keep the disclosure strictly confidential, by posting it on the Internet; and
  • attempting to circumvent redactions made to disclosure received from the Crown, rather than pursuing access to redacted information through discussions with the Crown or by way of application to the court and thereby failed to maintain the integrity of the profession.

By Decision and Order dated July 30, 2014, the Law Society Tribunal - Hearing Division ordered as follows:

1.            The Respondent shall be reprimanded.

2.            The Respondent is to pay $7,205 in costs within two years following the date of this Decision and Order.

(Counsel for the Society, Suzanne Jarvie / Counsel for the Lawyer, Michael A. Johnston and Leonard Shore)

Cameila Anderson (1985), of the City of Windsor, was found guilty of professional misconduct for: borrowing a total of $56,000.00, more or less, from 3 clients; failing to satisfy or comply with 2 Default Judgments requiring her to pay to 2 clients $30,150.56 plus costs and to a company the sum of $26,672.87 plus costs; practising law while under administrative suspension during 3 different time periods; failing to satisfy or comply with a court Judgment, requiring her to pay a total of $907.24 to 2 clients; failing to fulfill 2 financial obligations, incurred in the course of her practice; failing to serve 7 clients in a conscientious, diligent and efficient manner; misleading 2 clients, a fellow solicitor and the Law Society; failing to fulfill an Undertaking given to the purchasers and their solicitors in a real estate transaction; failing to respond or to respond promptly to communications from 2 fellow solicitors; failing to cooperate in a Law Society investigation.

By Decision and Order dated May 31, 2006, the Hearing Panel ordered that:

  • the Member is granted permission to resign her membership with the Law Society within 30 days of the date of the order, or be subject to disbarment thereafter.

(Counsel for the Society, Lisa Freeman/ Counsel for the Member, Nadia Liva) (The Member's resignation became effective May 31, 2006)

Paul John Anderson (1991), of the City of Toronto. By Order dated August 17, 2010, the Court of Appeal for Ontario ordered:

  1. THIS COURT ORDERS that, on consent of the parties hereto and subject to the terms stated hereafter, the Order of the Hearing Panel dated August 4, 2009, the Order of the Appeal Panel dated January 29, 2010, and the Order of the Divisional Court dated August 9, 2010 are hereby stayed subject to further or other Order of this Court.
  2. THIS COURT ORDERS that, on consent of the parties hereto, the stay granted herein shall be subject to the following terms:
    1. The stay is to be in effect until 10 days after the disposition by this Court of the Moving Party’s Motion for Leave to Appeal in Court of Appeal File No.: M39108;
    2. The Moving Party shall continue the suspension of the operation of any existing Compensation Agreement for estate administration services and continue the suspension of the operation of ABB Inc. for estate administration services pending the disposition of the Moving Party’s Motion for Leave to Appeal in Court of Appeal File No.: M39108;
    3. The Moving Party shall refrain from entering into any new Compensation Agreements through ABB Inc. or any other corporation pending the disposition of the Moving Party’s Motion for Leave to Appeal in Court of Appeal File No.: M39108;
    4. Any proposed amendment to the terms of this Order may be made by motion on notice by either party to this motion to a judge of this Court; and,
    5. No Order is made as to costs.

For the lawyer's current practising status, see the Lawyer and Paralegal Directory

Paul John Anderson (1991), of the City of Toronto, was found to have engaged in professional misconduct for:

  • acting in a conflict of interest with his client, an estate trustee, by failing to make adequate disclosure and by failing to ensure that the estate trustee received independent legal advice prior to entering into a Compensation Agreement;
  • preferring his own interests to the interests of the estate trustee,
    • by making an unauthorized payment of $45,571.38 from the estate to his company pursuant to the Compensation Agreement, leaving his client liable to the estate beneficiaries for the quantum and timing of the payment; and
    • by including his and his law clerk's time for performing executor work in his two legal accounts, and then paying his firm $18,546.32 and $1,765.50 from the estate, leaving his client liable to the estate beneficiaries for any duplication of those services under the Compensation Agreement.
  • withdrawing $10,700 from trust on account of his legal bill for the estate trustee, without ensuring that he had earned the fees and delivered an account; and
  • failing to maintain proper books and records by failing to include the estate bank account in his monthly trust reconciliations for his law practice.

By Decision and Order dated August 4, 2009 the Hearing Panel ordered as follows:

  1. The Lawyer is suspended for seven months.
  2. The Lawyer shall pay $50,000 as costs to the Law Society within three months of the date of release of this order.
  3. This Order shall become effective 10 days from the date of its release.

(Counsel for the Society, Amanda Worley and Susan Heakes / Counsel for the Lawyer, Brian P. Bellmore)

Paul John Anderson (1991), of the City of Toronto, brought a motion for an order staying the Order of the Hearing Panel dated August 4, 2009, an order providing all necessary directions for the conduct of the appeal and costs.

By Order dated August 14, 2009 the Appeal Panel ordered as follows:

  1. The stay pending appeal is granted on the following terms:
    • The stay is to be in effect until the earlier of 90 days from this order or the hearing of the appeal (the "sunset clause"); and
    • The Appellant shall suspend the operation of any existing Compensation Agreement for estate administration services and suspend the operation of ABB Inc. for estate administration services and, refrain from entering into any new Compensation Agreements through ABB Inc. or any other corporation, all pending the hearing of the appeal.
  2. Any proposed amendment to the terms of the order can be brought before the Chair, Appeal Panel, rather than the entire Appeal Panel.
  3. No order is made as to costs.

(Counsel for the Society, Amanda Worley / Counsel for the Lawyer, Douglas Christie )

Paul John Anderson (1991), of the City of Toronto, appealed from the Order of the Hearing Panel dated August 4, 2009. The appeal, seeking to set aside the Order of the Hearing Panel dated August 4, 2009 and dismissing the Notice of Application dated April 13, 2007, was heard on November 9, 2009 and judgment reserved.

By Order dated November 9, 2009 the Appeal Panel ordered as follows:

  1. The Appeal Panel's order dated August 14, 2009 staying the Decision and Order below pending the hearing of the appeal is varied so as to provide that the stay extends until 10 days following the release of the Appeal Panel's reasons.

(Counsel for the Society, Amanda Worley / Counsel for the Lawyer, Douglas Christie)

Paul John Anderson (1991), of the City of Toronto, appealed from an Order of the Hearing Panel dated August 4, 2009, asking that such Order be set aside.

By Order dated January 29, 2010, the Appeal Panel ordered as follows:

  1. The Appeal is dismissed.
  2. The suspension is to commence 10 days after the release of the reasons in this matter or on such other date as may be agreed upon by the parties.
  3. The Society may serve and file written submissions respecting costs of the appeal within 14 days of release of the reasons in this matter. The Appellant may serve and file written submissions respecting costs of the appeal within 21 days of release of the reasons in this matter.

(Counsel for the Society, Amanda Worley / Counsel for the Lawyer, Douglas Christie)

Paul John Anderson (1991), of the City of Toronto. By Order dated February 8, 2010, the Divisional Court ordered:

  1. On consent of the parties hereto and subject to the terms stated hereafter, the Order of the Hearing Panel dated August 4, 2009 and the Order of the Appeal Panel dated January 29, 2010 are hereby stayed subject to further or other Order of this Court.
  2. On consent of the parties hereto the stay granted herein shall be subject to the following terms:
    1. the stay is to be in effect until the earlier of June 30, 2010 or the hearing of the appeal by this Court (the "sunset clause");
    2. the Appellant shall suspend the operation of any existing Compensation Agreement for estate administration services and suspend the operation of ABB Inc. for estate administration services pending the disposition of the appeal by the Appellant;
    3. the Appellant shall refrain from entering into any new Compensation Agreements through ABB Inc. or any other corporation pending the disposition of the appeal by the Appellant;
    4. any proposed amendment to the terms of this Order may be made by motion on notice by either party to this appeal to a judge of this Court; and
    5. no Order is made as to costs.

For the lawyer's current practising status, see the Lawyer and Paralegal Directory

Paul John Anderson (1991), of the City of Toronto, appealed from an Order of the Hearing Panel dated August 4, 2009. His appeal was dismissed by an Order of the Appeal Panel dated January 29, 2010. The Law Society sought costs on the appeal.

By Order dated April 22, 2010, the Appeal Panel ordered as follows:

  1. The Appellant shall pay costs in the amount of $4,000 to be payable within 90 days of the completion of the period of suspension ordered by the Hearing Panel or within such later date as may be agreed upon by the Society and the Appellant.

(Counsel for the Society, Amanda Worley / Counsel for the Appellant, Douglas Christie)

Edmond Patrick Andrade (1983), of the City of Toronto, was found to have engaged in professional misconduct for

  • breaching the Rules of Professional Conduct by failing to be on guard against being duped by unscrupulous clients or associated persons in connection with certain transactions; and
  • breaching the Rules , by failing to serve his lender client in a conscientious and diligent manner, or to the standard of a competent lawyer in connection with all of the transactions.

By Decision and Order dated March 9, 2010 the Hearing Panel ordered as follows:

  1. The Lawyer is granted permission to surrender his licence to practise law in Ontario and his membership in the Law Society, thereby prohibiting the Lawyer from practising or holding himself out as a barrister and solicitor. If the Lawyer does not surrender his licence within 30 days from the date of this Order, the Lawyer's licence and membership in the Law Society will be revoked, he will be disbarred as a barrister, and his name will be struck off the Roll of Solicitors.

  2. The Lawyer shall comply with the terms of the Law Society's Guidelines for Former Lawyers Whose Licences Have Been Revoked or Who Have Been Permitted to Surrender Their Licences .

(Counsel for the Society, Tanus Rutherford / the Lawyer was assisted by Duty Counsel)

Joseph Alphonse André (1999) de Vanier, est déclaré s’être rendu coupable de manquement professionnel pour :

  • avoir détourné la somme de 5 219 $ et disposé indûment de la somme de 10 500$ des fonds hypothécaires avancés par la Banque Royale du Canada (« RBC »);
  • tenté d’induire le Barreau en erreur durant l’enquête, objet de l’allégation 1; et
  • en violation du Règlement administratif n. 9, omis de tenir ses livres et registres.

Par decision et ordonnance date du 7 octobre 2010, le Comité d’audition ordonne ce que suit :

  1. Le titulaire de permis est suspendu pour une période de 2 mois, à compter du (début) mois de décembre 2010.
  2. Pendant la suspension, le titulaire de permis se conforme en tous points aux exigences et aux lignes directrices concernant les avocats qui font l’objet d’une suspension ou qui s’engagent à ne pas exercer le droit.
  3. Le titulaire de permis est tenu de faire appel à un cosignataire approuvé par la directrice de la réglementation professionnelle du Barreau à l’égard d’opérations portant sur des fonds détenus en fiducie pour une période de 18 mois à partir de son retour en pratique;
  4. Advenant qu’à la fin de la suspension définitive de 2 mois, il n’y ait pas de cosignataire approuvé par la directrice de la réglementation du Barreau habilité à agir en qualité de cosignataire, le titulaire de permis sera suspendu indéfiniment jusqu’à ce qu’un cosignataire soit approuvé par la directrice de la réglementation de la réglementation du Barreau;
  5. Le titulaire de permis ne peut pratiquer le droit ou fournir des services juridiques dans le domaine du droit immobilier pour une période de 1an à partir de son retour en pratique;
  6. Le titulaire de permis envoie tous les mois au Barreau un rapprochement mensuel de comptes en fiducie à compter de mars 2011 pour une période de 1 an jusqu’à mars 2012. Ce rapprochement comprend a) une liste détaillée de tous les fonds détenus en fiducie pour chaque client et l’identité de chaque client, et b), un état détaillé du compte de chaque client.
  7. Le titulaire de permis se prête à une vérification ponctuelle dans les douze mois de son retour à la pratique et suit les recommandations découlant de la vérification ponctuelle.
  8. Le titulaire de permis verse au Barreau des dépens de 900 $, dans les six mois qui suivent la date de la présente ordonnance.

(Avocate pour le Barreau, Me Louise Hurteau / Avocat pour l’intimé,Me Ronald F. Caza)

Joseph Alphonse André (1999) de Vanier, par décision et ordonnance en date du 7 octobre 2010, est déclaré s’être rendu coupable de manquement professionnel.

Par une ordonnance datée du 23 novembre 2010, le Comité d’audition ordonne ce qui suit:

  1. La suspension débute le 10 décembre 2010.

(Avocate pour le Barreau, Me Louise Hurteau / Avocat pour l’intimé,Me Ronald F. Caza)

Joseph Alphonse André (1999) de Vanier. Une requête faite par l’avocat pour modifier l’ordonnance rendue par le Comité d’audition du Barreau le 7 octobre 2010.

Par décision et ordonnance en date du 13 mai 2011, le Comité d’audition ordonne ce qui suit :

  1. Le requérant peut reprendre l’exercice de la profession immédiatement. Cependant, la gestion indépendante d’un compte en fiducie par le requérant sera conditionnelle à ce qu’il le gère sous la supervision d’un cosignataire pendant une période de dix-huit mois.
  2. La radiation du paragraphe 4 de l’ordonnance rendue dans le dossier du Barreau no LCN64/09.
  3. La variation des paragraphes 3 et 6 de l’ordonnance pour qu’ils se lisent comme suit :

3. Le titulaire de permis ne peut pas détenir un ou des comptes en fiducie tant qu’il n’a pas de cosignataire approuvé par la directrice de la réglementation professionnelle du Barreau à l’égard d’opérations portant sur des fonds détenus en fiducie et, une fois un cosignataire approuvé et mis en place, le titulaire de permis est tenu de faire appel à ce cosignataire à l’égard d’opérations portant sur des fonds détenus en fiducie pour une période de 18 mois;

6. Une fois le cosignataire approuvé et mis en place, le titulaire de permis envoie tous les mois au Barreau un rapprochement mensuel de comptes en fiducie pour une période de 1 an. Ce rapprochement comprend a) une liste détaillée de tous les fonds détenus en fiducie pour chaque client et l’identité de chaque client, et b) un état détaillé du compte de chaque client.

(Avocate pour le Barreau, Me Louise Hurteau / Avocat pour l’intimé, Me Ronald F. Caza)

Okay Hyacinth Anyadiegwu (1997), of the City of Toronto, was found to have engaged in professional misconduct for: knowingly assisting in dishonest or fraudulent conduct to obtain mortgage funds under false pretences in connection with purchase, sale and mortgage transactions relating to 7 Properties (the "Transactions"); failing to be honest and candid when advising his lender clients in connection with the Transactions relating to all of the 7 Properties; failing to serve his lender clients and 4 other clients in a conscientious and diligent manner and/or to the standard of a competent lawyer; misappropriating a total of $16,600.00; and failing to respond to Law Society communications.

By Decision and Order dated November 1, 2006, the Hearing Panel ordered that:

  • the Member be disbarred as a barrister, that his name be struck off the roll of solicitors, that his membership in the Law Society be revoked and that he be prohibited from acting or practising as a barrister and solicitor and from holding himself out as a barrister and solicitor.
  • the Member pay $11,000.00 in costs to the Law Society.
    (Counsel for the Society, Lisa Freeman and Elizabeth Parenteau / Member not present and not represented)

Vassilios Apostolopoulos (1993) of the City of Toronto was found guilty of professional misconduct for:

  • failing to account to his client DV with respect to funds in the amount of $102,400, more or less, received on behalf of his client DV from the sale of a business known as 614088 Ontario Ltd., operating as Pete's Donuts;
  • failing to honour an Undertaking given to AT, a fellow solicitor, to discharge a mortgage respecting property known municipally as 12 Cicerella Crescent, Toronto;

    Hearing panel ordered that:
  • the member is disbarred as a barrister, his name is struck off the roll of solicitors, his membership in the Law Society is revoked and he is prohibited from acting or practising as a barrister or solicitor and from holding himself out as a barrister or solicitor;
  • the member shall pay to the Law Society, for the Lawyers Fund for Client Compensation, the total amount of all grants made to DV from the Fund; and
  • the member shall pay to the Law Society costs in the amount of $5,000
    (Counsel for Society, William Donegan /Counsel for member, Peter West)  

Vassilios Apostolopoulos, of the City of Toronto, applied for a Class L1 licence, for licensing as a lawyer.

By Decision and Order dated July 25, 2012, the hearing panel determined that the Applicant is now of good character and ordered as follows:

 The application for a Class L1 licence by Vassilios Apostolopoulos is granted.

 

(Counsel for the Society, Elaine Strosberg / Counsel for the Applicant, Ian Roland)

 

George Larry Argiris (1975), of the City of Toronto, is found to be and to have been incapacitated and incapable of meeting his obligations as a licensee.

By Decision and Order dated December 17, 2012, the hearing panel ordered as follows:

  1. The Lawyer is hereby granted permission to surrender his licence to practice law as a barrister and solicitor in Ontario within 30 days, failing which his licence is revoked.
  2. The Lawyer shall comply with the terms of the Law Society's Guidelines for former lawyers whose licences have been revoked or who have been permitted to surrender their licences.

(Counsel for the Society, Jan Parnega-Welch / Counsel for the Lawyer, Angela Casey)

Bernard Aron (1971), of the City of Toronto, applied for an order discharging his Undertaking to Convocation, dated May 23, 1985.

By Decision and Order dated January 4, 2011, the hearing panel ordered as follows:

  1. The Undertaking to Convocation given by Bernard Aron dated May 23, 1985, is discharged once the attached undertaking acknowledgment, as amended, is executed.

(Counsel for the Society, Jan Parnega-Welch/ Counsel for the Lawyer, Jennifer Lynn McAleer)

Emmanuel Yao-Asumang-Adu Asare (1998), of the City of Toronto, was found to have engaged in professional misconduct for: participating and/or knowingly assisting in dishonest or fraudulent conduct to obtain mortgage funds under false pretences in connection with the purchase, sale and mortgage transactions (the "Transactions") involving 4 properties; failing to be honest and candid when advising his lender clients in connection with the Transactions by failing to disclose or misrepresenting material facts in some or all of the Transactions including that: 2 of his lender clients advanced mortgage funds in 1 transaction in which 1 vendor was, impossibly, purporting to sell 1 property to 2 different sets of purchasers (each of whom was his client), the mortgage funds advanced by his lender clients exceeded the balance due on closing, there was a significant change to the purchase price over a short period of time, and that his purchaser client was involved in a prior transaction that was dishonest or fraudulent; failing to serve and perform legal services undertaken on behalf of his lender clients to the standard of a competent lawyer in some or all of the Transactions by: failing to disclose or misrepresenting material facts (as particularized above), failing to follow express written instructions, failing to put the mortgage funds advanced to the use for which the funds were being advanced, using some of the mortgage funds advanced to pay personal overdraft debts and to pay service charges owed personally with respect to his trust bank account, disbursing the mortgage funds advanced to persons having no apparent legal interest in either the transactions or the funds and disbursing funds in the absence of properly signed Directions authorizing the disbursements, disbursing mortgage funds advanced without registering mortgages on title to secure the financial interests of his lender clients, disbursing mortgage funds without transferring title to his purchaser clients, who were supposed to be giving mortgages to his lender clients, disbursing and mishandling the mortgage funds advanced and entrusted to him, and failing to make reasonable inquiries into the purpose of the Transactions, and/or the discrepancies or irregularities in each, or alternatively, if he did make such inquiries, failing to disclose the information, advise of the resulting risks, and to take steps to protect the interests of his lender clients; failing to preserve client files regarding the Transactions; and for failing to maintain a trust receipts journal, a trust disbursements journal and client trust ledgers.

By Decision and Order dated February 12, 2008, the Hearing Panel ordered that:

  • the licence of the Licensee, to practice law in Ontario as a barrister and solicitor, is hereby revoked, effective immediately.
  • the Licensee shall pay costs to the Law Society in the amount of $12,000 within 30 days of this Order.

(Counsel for the Society, William Holder / the Lawyer was not present and not represented)

Sherif Ragai Ashamalla , of the Town of Ajax, a lawyer applicant, applied for a Class L1 licence.

By Decision and Order dated March 20, 2009, the Hearing Panel ordered as follows:

  1. The Lawyer Applicant is entitled to be called to the Bar.

(Counsel for the Society, Susan Heakes / Counsel for the Lawyer Applicant, Malgorzata Bojanowska and Marie Henein)

Charles Gordon Ashton (1985), of the City of Vaughan. The Lawyer, requested an adjournment of the hearing of the Notice of Application filed May 13, 2013 scheduled for November 25, 2013.

By Order dated November 13, 2013, the hearing panel ordered as follows:

  1. The adjournment is granted by peremptory to the Respondent. If counsel is retained, counsel must be available for the dates set below.
  2. Respondent to serve the Response to Request to Admit by Tuesday November 19th 2013 at noon.
  3. The November 25th dates are vacated. Proceeding scheduled to be heard for three days, January 27 to 29, 2014.
  4. Mr. Ashton has undertaken on the record not to practice private real estate law or operate any trust account or deal personally with any funds.

(Counsel for the Society, Daniel Iny / the Lawyer was assisted by Duty Counsel)

Tania Astorino (2004), of the City of Toronto, was found to have engaged in professional misconduct for:

  • failing to respond to communications from the Law Society including many letters and several telephone communications, over a six-month period.

By Decision and Order dated June 27, 2008 the Hearing Panel ordered that:

  1. The Lawyer shall be reprimanded.
  2. The Lawyer shall pay the Law Society costs in the amount of $2,500 within 90 days of the date of this order, failing which the costs order will accrue interest at 6% from the date of this order.

(Counsel for the Society, Danielle Smith / the Lawyer was assisted by Duty Counsel)

Peter Alan Athersych (1984), of the City of North Bay, was found to have engaged in professional misconduct for:

  • failing to respond to the Law Society in a timely and substantive manner and failing to cooperate with an investigation by failing to produce information and documentation requested, despite communications from August 2009 to September 2010; and
  • failing to cooperate with an investigation of the Law Society by failing to attend for an interview despite requests to do so from October 2009 to the present.

By Decision and Order dated January 28, 2011 the hearing panel ordered as follows:

  1. The Lawyer is suspended for two (2) months commencing immediately and continuing indefinitely until, to the satisfaction of the Director of Professional Regulation of the Law Society,
    1. he has responded fully to Rosemarie Abrecht’s letter dated August 24, 2009 by providing the information and documents requested of him in that letter; and
    2. he has attended for an interview with Rosemarie Abrecht.
  2. The Lawyer shall comply fully with the terms of the Law Society’s Guidelines for Lawyers Who Are Suspended or Who have Given an Undertaking Not to Practice while suspended under this Order.
  3. The Lawyer shall pay costs to the Law Society in the amount of $4,800 within ninety (90) days of the date of this Order, failing which, interest will accrue at a rate of 3% per annum.

(Counsel for the Society, Loretta Acri /Lawyer was not present and not represented)

Peter Young Atkinson (1973), of the City of Toronto, was found to have engaged in conduct unbecoming for:

  • committing the criminal offence of mail fraud, in violation of 18 United States Code section 1341, as found by the United States District Court for the Northern District of Illinois, Eastern Division, which conviction was upheld on appeal.

By Decision and Order dated June 17, 2013, the hearing panel ordered as follows:

  1. The Respondent is suspended from practice for a period of 2 years, effective as of August 30, 2008.
  2. Effective August 30, 2010, and continuing for a period of two years from the date of this Decision and Order, the Respondent's practice is restricted to e-discovery, specifically, conducting document review, research and analysis in the context of e-discovery.
  3. The Respondent may only provide legal services as an employee of a licensee or pursuant to a contract with a licensee, and is prohibited from practising as a sole practitioner or as a partner in a law firm.
  4. The Respondent must disclose the Hearing Panel's Decision and Order to any prospective licensee employer or before entering into a contractual agreement with any licensee.
  5. The Respondent may not operate a trust account and may not have signing authority over a trust account.
  6. The Respondent shall pay costs to the Law Society in the amount of $10,000 within one month of the date of this Decision and Order.
  7. Commencing one month from the date of this Decision and Order, interest will accrue on any unpaid costs at a rate of 3% per annum.

(Counsel for the Society, Leslie Cameron / Counsel for the Lawyer, Clifford Lax)

Yiadom Akwasi Atuobi-Danso (1994), of the City of Toronto, was found to have engaged in professional misconduct for failing to substantively respond to and co-operate with an investigation of the Law Society by failing to produce documents and information requested.

By Decision and Order dated October 15, 2010 the Hearing Panel ordered as follows:

  1. The Lawyer is suspended for one month, commencing January 3, 2011 and continuing indefinitely until, to the satisfaction of the Director of Professional Regulation of the Law Society, he has produced fully all of the documents and information requested by the Law Society in letters dated December 21, 2009, February 17, 2010, and March 11, 2010, or he has demonstrated that full production is no longer possible.
  2. The Lawyer shall comply with the Guidelines for Lawyers Who Are Suspended or Who Have Given an Undertaking Not to Practise while suspended pursuant to this Order.
  3. The Lawyer shall pay costs to the Law Society in the amount of $2500 within 6 months of the date of this Order, failing which interest will accrue at a rate of 2% per annum thereafter.

(Counsel for the Society, Anne-Katherine Dionne / the Lawyer was assisted by Duty Counsel)

Yaidom Akwasi Atuobi-Danso (1994), of the City of Brampton, was found to have engaged in professional misconduct for:

  • failing to be on guard against being duped by unscrupulous clients or associated persons in connection with the transactions; 
  • completely abdicating his professional responsibilities by failing to supervise his real estate practice in connection with the transactions;
  • failing to be honest and candid when advising his clients in connection with the properties. In particular, the respondent failed to disclose material facts to his lender clients or misrepresented material facts to his lender clients;
  • acting or continuing to act for all of the parties in transactions where there was or was likely to be a conflicting interest, without adequate disclosure to or consent from his lender clients in relation to three transactions;
  • failing to serve his lender clients to the standard of a competent lawyer.

By Decision and Order dated June 12, 2013, the hearing panel ordered as follows:

  1. The Respondent is granted permission to surrender his licence within 30 days of the date of this Order, failing which his licence is revoked.
  2. The Respondent shall pay costs to the Law Society in the amount of $7,500 with 36 months of the date of this Order, failing which interest will accrue at a rate of 3% per annum thereafter.

(Counsel for the Society, Glenn M. Stuart / the Lawyer self-represented)

Seth Kwame Awuku (1999), of the City of Ottawa, was found to have engaged in professional misconduct for: abandoning his law practice in or about August 2004; misleading his client by advising her that he had not received money in trust on her behalf when he had received the funds; misappropriating $17, 850.00, more or less; and mishandling $3,425.00, more or less, held in trust for that client.

By Decision and Order dated May 31, 2007, the Hearing Panel ordered that:

  • Mr. Awuku's licence is revoked.
  • Mr. Awuku shall reimburse the Lawyers Fund for Client Compensation in the amount of $21,284.64 for the claim paid out to Ms Minott.
  • Mr. Awuku shall pay costs to the Law Society, fixed in the amount of $10,000.00

(Counsel for the Society, Janice Duggan / Member not present and not represented)