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ARTICLE · 13 FEBRUARY 2015

The Test For Uncivil Conduct In Litigation

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The Divisional Court released its reasons respecting the Law Society of Upper Canada’s disciplinary proceeding against Joseph Groia on February 2, 2015.

CanadaLitigation, Mediation & Arbitration
Nina Butz
Nina Butz
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The Divisional Court released its reasons respecting the Law Society of Upper Canada's disciplinary proceeding against Joseph Groia on February 2, 2015. The Divisional Court upheld the Law Society Hearing Panel and Appeal Panel decisions that Groia engaged in professional misconduct during his defence of John Felderhof against insider trading charges arising from the Bre-X collapse.

Though the Divisional Court found that the Appeal Panel's decision was reasonable, it enunciated a different test for professional misconduct arising from incivility.

First, conduct that is "rude, unnecessarily abrasive, sarcastic, demeaning, abusive or of any like quality" in that it "attacks the personal integrity of opponents, parties, witnesses or of the court" in the absence of good faith or where the good faith belief is unreasonable is uncivil.

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