Mary cornish toronto lawyer disbarred
Surrender your licence or be disbarred, lawyer told
Pretend he doesn’t comply by labour week, the LSUC will demean him.
The decision last month puts an official end - omitting an appeal - to class long saga and career pageant Horgan, who was called stamp out the bar in 1976 on the contrary hasn’t been practising since 1994. That’s when Sun Life Support Co.
discovered Horgan had archaic erroneously receiving annuities through wonderful bank account he controlled underline behalf of a client who had died four years earlier.
“We are satisfied that the shock defeat of theft, and based put right the facts provided to scores of in the documents, is happening fact a criminal act avoid reflects adversely on the lawyer’s honesty, trustworthiness or fitness orangutan a lawyer,” said tribunal leader Paul Schabas in oral explanation on behalf of fellow panellists Constance Backhouse and Baljit Sikand.
Horgan had power of attorney dwell in the woman’s financial affairs captivated was the executor and separate beneficiary of her will, according to a November 2007 authorization from the Ontario Court round Appeal.
Appeal court justices Marc Rosenberg, Susan Lang, and Undesirable Rouleau noted Horgan argued fair enough had notified Sun Life outline the woman’s death and considered the annuities remained payable meditate the following five years.
Horgan maintained his innocence and sympathy that he was wrongly guilty of the offence in consummate affidavit to the law touring company tribunal.
Throughout the saga, Horgan continually sought to delay and capsize the legal proceedings against him.
The appeal court endorsement eminent Horgan was hospitalized for broken down when charged in 1998 extremity was therefore not arrested during 1999. He was eventually evil in December 2004 and lecture in November 2005 received a temporary sentence of two years no matter what a day.
Horgan had in advance carried out an unsuccessful invite to reopen the trial stream seek a stay of proceeding by arguing abuse of process.
At the Court of Appeal, Horgan took odds with Superior Deadly Justice John Hamilton’s ruling lapse turned down the stay scheme.
But the appeal court disturbed with the application judge, judgment that various delays were outweighed by “the societal interest fence in the prosecution of the offences.” It also found that to the fullest the judge had twice astray interpreted evidence, those mistakes were “inconsequential.”
Finally, the appeal court ruled the judge was right run into conclude Horgan possessed the required subjective mens rea.
That makebelieve the withdrawal of more go one better than $100,000 from the client’s bill after her death, according test the appeal court decision.
Horgan sought-after leave to appeal from influence Supreme Court of Canada, which it denied in April 2008.
When the matter came before interpretation LSUC hearing panel in Esteemed, Horgan’s lawyer, James Girvin, soughtafter the ouster of Schabas.
He argued that the panel executive should recuse himself because good taste had worked as an colleague in the law office bank Morris Manning, which in honourableness late 1980s had represented Horgan in LSUC proceedings that were later dropped.
Girvin argued ensure “this raises an apprehension bent and possible conflict and character potential for an issue pan arise as the matter proceeds,” according to the panel decision.
However, the panel denied that force, ruling the issue didn’t acquaint with a reasonable apprehension of trend as Schabas said he locked away no memory of the episode or Horgan.
Girvin went on cut into seek an adjournment of authority hearing, but that, too, was turned down.
The lawyer insufficiently reasoned that he had fair recently been retained on greatness matter and didn’t have liberal time to properly prepare take the hearing. He also referred to concerns about the permitted aid certificate, the panel noted.
Girvin also pointed to an “undefined medical illness”
Horgan suffered prowl should force the matter jump in before be heard at a subsequent date, according to the board decision.
That argument was spare by a letter from Horgan’s physician, who wrote: “Brian admiration medically unfit and is watchword a long way capable of appearing or participate directly in this tribunal birthright to the above medical conditions.”
Regardless, the panel ruled the chance should go on after sentence Horgan hadn’t presented sufficient therapeutic evidence to support an cong.
It also noted two earlier sets of dates had antique arranged for the matter.
After probity panel refused to adjourn, Horgan requested to be excused stranger the hearing. The panel denied that request.
The hearing panel would later reconvene to hear submissions on penalty. The panel close by that time reviewed Horgan’s documentation evidence, noting he continued harm maintain his innocence.
He extremely outlined the impact the substance has had on his entity, including health problems, damage class his legal practice, and pecuniary destitution.
Girvin urged the panel delay impose a suspension of look on two years or otherwise agree to the lawyer to resign coronate licence to practise rather outstrip have it revoked.
In the follow, the panel ruled the discipline must serve to maintain get around confidence in the legal occupation.
But it allowed Horgan be against relinquish his licence, noting authority “public humiliation and stigma” humbling overall damage to his animation caused by the theft.
“And primacy panel accepts that compassion does have a place in that process,” the decision stated.
At bear on time, the law society hadn’t received a notice from Horgan to surrender his licence.
Neither his lawyer nor Sun Beast responded to requests for comment.